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Labor and Employment Attorneys

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Were You Treated Unfairly While on the Job?

Morgan & Morgan’s work lawyers submit one of the most employment lawsuits cases in the nation, consisting of those including wrongful termination, discrimination, harassment, wage theft, staff member misclassification, defamation, retaliation, rejection of leave, and executive pay conflicts.

The work environment must be a safe place. Unfortunately, some workers undergo unreasonable and prohibited conditions by unethical companies. Workers might not understand what their rights in the work environment are, or might hesitate of speaking out versus their employer in worry of retaliation. These labor infractions can lead to lost wages and advantages, missed out on chances for improvement, and excessive stress.

Unfair and discriminatory labor practices versus workers can take numerous types, including wrongful termination, discrimination, harassment, refusal to give an affordable lodging, rejection of leave, employer retaliation, and wage and hour violations. Workers who are victim to these and other unethical practices may not know their rights, or might hesitate to speak out against their employer for worry of retaliation.

At Morgan & Morgan, our work attorneys deal with a range of civil litigation cases including unjust labor practices versus workers. Our attorneys have the knowledge, devotion, and experience required to represent workers in a wide variety of labor conflicts. In fact, Morgan & Morgan has actually been recognized for submitting more labor and work cases than any other company.

If you think you may have been the victim of unfair or unlawful treatment in the office, contact us by completing our free case evaluation form.

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What Does Labor Law and Employment Law Cover?

Our practice represents people who have been the victim of:

Wrongful Termination.

Discrimination (e.g., sex, race, color, harassment, national origin, religious beliefs, age, and impairment).

Harassment (e.g., Unwanted sexual advances, Hostile Work Environment).

Unfair Labor Practices (e.g., rejection of earnings, overtime, suggestion pooling, and equivalent pay).

Misclassification.

Retaliation.

Denial of Leave (e.g. Family and Medical Leave Act).

Reemployment Rights Act (USERRA).

Americans with Disability Act declares.

Executive Pay Disputes.

What Constitutes Wrongful Termination?

Sometimes workers are release for reasons that are unfair or illegal. This is termed wrongful termination, wrongful discharge, or wrongful termination.

There are many scenarios that may be premises for a wrongful termination suit, including:

Firing an employee out of retaliation.

Discrimination.

Firing a whistleblower.

Firing a worker who will not do something prohibited for their company.

If you think you might have been fired without appropriate cause, our labor and work attorneys may be able to assist you recover back pay, unpaid incomes, and other forms of payment.

What Are the Most Common Forms of Workplace Discrimination?

It is prohibited to discriminate versus a job candidate or employee on the basis of race, color, religion, sex, national origin, impairment, or age. However, some companies do simply that, resulting in a hostile and inequitable work environment where some employees are treated more positively than others.

Workplace discrimination can take lots of types. Some examples consist of:

Refusing to work with someone on the basis of their skin color.

Passing over a certified female staff member for a promo in favor of a male staff member with less experience.

Not providing equal training opportunities for employees of various religious backgrounds.

Imposing job eligibility requirements that deliberately screens out individuals with impairments.

Firing somebody based on a secured classification.

What Are Some Examples of Workplace Harassment?

When employees undergo slurs, attacks, risks, ridicule, offensive jokes, unwelcome sexual advances, or verbal or physical conduct of a sexual nature, it can be thought about workplace harassment. Similar to workplace discrimination, workplace harassment produces a hostile and abusive workplace.

Examples of work environment harassment consist of:

Making unwanted comments about an employee’s appearance or body.

Telling a vulgar or sexual joke to a coworker.

Using slurs or racial epithets.

Making prejudicial declarations about a worker’s sexual preference.

Making unfavorable remarks about a worker’s spiritual beliefs.

Making prejudicial declarations about an employee’s birthplace or household heritage.

Making unfavorable remarks or jokes about the age of an employee over the age of 40.

Workplace harassment can also take the type of quid pro quo harassment. This means that the harassment leads to an intangible change in an employee’s work status. For example, a worker may be required to endure sexual harassment from a supervisor as a condition of their continued employment.

Which Industries Have the Most Overtime and Base Pay Violations?

The Fair Labor Standards Act (FLSA) developed particular workers’ rights, consisting of the right to a minimum wage (set federally at $7.25 as of 2020) and overtime pay for all hours worked over 40 in a workweek for non-exempt employees.

However, some employers try to cut expenses by denying employees their rightful pay through deceiving techniques. This is called wage theft, and consists of examples such as:

Paying an employee less than the federal base pay.

Giving a worker „comp time” or hours that can be used towards getaway or sick time, instead of overtime pay for hours worked over 40 in a work week.

Forcing tipped employees to pool their pointers with non-tipped workers, such as managers or cooks.

Forcing employees to pay for tools of the trade or other expenses that their company need to pay.

Misclassifying a worker that should be paid overtime as „exempt” by promoting them to a „managerial” position without in fact altering the employee’s task tasks.

Some of the most susceptible professions to overtime and minimum wage infractions consist of:

IT workers.

Service technicians.

Installers.

Sales representatives.

Nurses and healthcare workers.

.

Oil and gas field employees.

Call center employees.

Personal bankers, home mortgage brokers, and AMLs.

Retail staff members.

Strippers.

FedEx motorists.

Disaster relief workers.

Pizza delivery motorists.

What Is Employee Misclassification?

There are a number of distinctions between staff members and self-employed workers, also known as independent specialists or experts. Unlike staff members, who are informed when and where to work, ensured a regular wage amount, and entitled to staff member benefits, to name a few requirements, independent contractors typically work on a short-term, agreement basis with a company, and are invoiced for their work. Independent contractors are not entitled to worker advantages, and need to file and withhold their own taxes, too.

However, over the last few years, some employers have abused category by misclassifying bonafide workers as contractors in an effort to conserve cash and circumvent laws. This is most frequently seen amongst „gig economy” workers, such as rideshare chauffeurs and shipment drivers.

Some examples of misclassifications consist of:

Misclassifying an employee as an independent professional to not have to adhere to Equal Job opportunity Commission laws, which prevent work discrimination.

Misclassifying an employee to prevent enrolling them in a health advantages prepare.

Misclassifying workers to avoid paying minimum wage.

How Is Defamation of Character Defined?

Defamation is generally specified as the act of harming the reputation of a person through slanderous (spoken) or false (written) remarks. When libel happens in the office, it has the prospective to harm team morale, create alienation, and even trigger long-term damage to a worker’s profession prospects.

Employers are responsible for stopping damaging gossiping amongst employees if it is a routine and recognized incident in the office. Defamation of character in the office might consist of circumstances such as:

A company making damaging and unproven allegations, such as claims of theft or incompetence, towards a worker throughout a performance evaluation

A staff member spreading a harmful report about another staff member that triggers them to be rejected for a task somewhere else

An employee spreading chatter about an employee that causes other coworkers to avoid them

What Is Considered Employer Retaliation?

It is unlawful for a business to punish an employee for submitting a problem or claim versus their employer. This is thought about company retaliation. Although employees are lawfully protected versus retaliation, it doesn’t stop some companies from penalizing a worker who submitted a grievance in a range of methods, such as:

Reducing the worker’s salary

Demoting the worker

Re-assigning the employee to a less-desirable job

Re-assigning the worker to a shift that develops a work-family dispute

Excluding the worker from essential office activities such as training sessions

What If a Company Denies a Leave of Absence?

While leave of lack laws differ from one state to another, there are a variety of federally mandated laws that protect employees who need to take an extended amount of time off from work.

Under the Family Medical Leave Act (FMLA), companies should offer unsettled leave time to employees with a qualifying family or specific medical circumstance, such as leave for the birth or adoption of an infant or delegate take care of a spouse, child, or moms and dad with a serious health condition. If certified, workers are entitled to up to 12 weeks of unsettled leave time under the FMLA without worry of jeopardizing their task status.

The Uniformed Services Employment and Reemployment Rights Act (USERRA), on the other hand, warranties particular securities to present and former uniformed service members who may require to be missing from civilian work for referall.us a certain time period in order to serve in the militaries.

Leave of lack can be unjustly rejected in a variety of ways, consisting of:

Firing an employee who took a leave of lack for the birth or adoption of their child without just cause

Demoting a worker who took a leave of lack to take care of a dying parent without simply cause

Firing a re-employed service member who took a leave of lack to serve in the militaries without just cause

Retaliating against a present or previous service member who took a leave of absence to serve in the armed forces

What Is Executive Compensation?

Executive compensation is the mix of base money compensation, deferred compensation, efficiency benefits, stock alternatives, executive advantages, severance plans, and more, awarded to top-level management workers. Executive payment plans have come under increased scrutiny by regulatory companies and shareholders alike. If you deal with a conflict during the negotiation of your executive pay package, our lawyers may have the ability to help you.

Why Should I Contact a Morgan & Morgan Employment Attorney?

The work and labor lawyers at Morgan & Morgan have actually effectively pursued thousands of labor and work claims for the individuals who require it most.

In addition to our successful performance history of representing victims of labor and work claims, our labor lawyers also represent workers before administrative agencies such as the Equal Job Opportunity Commission (EEOC), Department of Labor (DOL), Occupational Safety and Health Administration (OSHA), and National Labor Relations Board (NLRB).

If you or someone you know might have been dealt with poorly by a company or another worker, do not think twice to call our office. To discuss your legal rights and alternatives, fill out our totally free, no-obligation case evaluation kind now.

What Does an Employment Attorney Do?

Documentation.
First, your designated legal group will gather records related to your claim, including your agreement, time sheets, and interactions by means of e-mail or other work-related platforms.
These documents will assist your lawyer comprehend the extent of your claim and construct your case for settlement.

Investigation.
Your attorney and legal group will investigate your office claim in terrific detail to gather the needed proof.
They will look at the files you provide and might also look at work records, contracts, and other workplace data.

Negotiation.
Your lawyer will work out with the defense, beyond the courtroom, to assist get you the payment you might be entitled to.
If settlement negotiations are unsuccessful, your lawyer is prepared to go to trial and present your case in the greatest possible type.

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