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Labor and Employment Attorneys

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Were You Treated Unfairly While on the Job?

Morgan & Morgan’s employment attorneys submit the a lot of employment litigation cases in the country, including those including wrongful termination, discrimination, harassment, wage theft, worker misclassification, libel, retaliation, denial of leave, and executive pay disagreements.

The work environment needs to be a safe location. Unfortunately, some employees are subjected to unfair and unlawful conditions by unscrupulous employers. Workers may not know what their rights in the office are, or might be afraid of speaking up versus their employer in fear of retaliation. These labor violations can cause lost wages and benefits, missed out on opportunities for improvement, and undue tension.

Unfair and prejudiced labor practices versus employees can take lots of kinds, including wrongful termination, discrimination, harassment, rejection to provide a sensible lodging, denial of leave, employer retaliation, and wage and hour infractions. Workers who are victim to these and other dishonest practices might not understand their rights, or may hesitate to speak out versus their employer for fear of retaliation.

At Morgan & Morgan, our work attorneys manage a range of civil litigation cases including unfair labor practices against workers. Our attorneys possess the understanding, devotion, and experience needed to represent workers in a large range of labor disputes. In reality, Morgan & Morgan has been acknowledged for submitting more labor and employment cases than any other firm.

If you think you may have been the victim of unjust or illegal treatment in the work environment, contact us by finishing our complimentary case assessment kind.

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If we handle the case, our group battles to get you the results you are worthy of.

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FAQ

Get the answer to frequently asked concerns about our legal services and discover how we may help you with your case.

What Does Labor Law and Employment Law Cover?

Our practice represents individuals who have been the victim of:

Wrongful Termination.

Discrimination (e.g., sex, race, color, harassment, nationwide origin, religion, age, and impairment).

Harassment (e.g., Sexual Harassment, Hostile Workplace).

Unfair Labor Practices (e.g., denial of incomes, overtime, tip pooling, and equal 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 staff members are release for reasons that are unjust or prohibited. This is called wrongful termination, wrongful discharge, or wrongful termination.

There are many circumstances that might be premises for a wrongful termination lawsuit, including:

Firing a worker out of retaliation.

Discrimination.

Firing a whistleblower.

Firing an employee who will not do something unlawful for their company.

If you believe you may have been fired without correct cause, our labor and work lawyers may be able to help you recover back pay, unsettled incomes, and other forms of payment.

What Are the Most Common Forms of Workplace Discrimination?

It is prohibited to discriminate against a task applicant or worker on the basis of race, color, faith, sex, nationwide origin, disability, or age. However, some employers do simply that, resulting in a hostile and inequitable office where some employees are dealt with more positively than others.

can take lots of types. Some examples include:

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

Passing over a qualified female staff member for a promotion in favor of a male staff member with less experience.

Not supplying equivalent training opportunities for employees of various religious backgrounds.

Imposing task eligibility criteria that deliberately evaluates out individuals with impairments.

Firing someone based on a safeguarded classification.

What Are Some Examples of Workplace Harassment?

When workers go through slurs, attacks, dangers, ridicule, offensive jokes, unwelcome sexual advances, or verbal or physical conduct of a sexual nature, it can be considered workplace harassment. Similar to workplace discrimination, office harassment develops a hostile and abusive workplace.

Examples of work environment harassment include:

Making unwelcome remarks about a worker’s appearance or body.

Telling a repulsive or sexual joke to a coworker.

Using slurs or racial epithets.

Making prejudicial statements about an employee’s sexual orientation.

Making unfavorable remarks about an employee’s religions.

Making prejudicial declarations about a worker’s birth place or household heritage.

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

Workplace harassment can likewise take the type of quid professional quo harassment. This implies that the harassment results in an intangible modification in an employee’s work status. For example, an employee may be required to endure sexual harassment from a supervisor as a condition of their continued employment.

Which Industries Have one of the most Overtime and Minimum Wage Violations?

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

However, some companies try to cut costs by rejecting employees their rightful pay through deceiving methods. This is called wage theft, and includes examples such as:

Paying a worker less than the federal base pay.

Giving a worker „comp time” or hours that can be utilized toward getaway or sick time, rather than overtime spend for hours worked over 40 in a work week.

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

Forcing workers to pay for tools of the trade or other expenditures that their employer ought to pay.

Misclassifying a worker that must be paid overtime as „exempt” by promoting them to a „supervisory” position without actually altering the employee’s job tasks.

A few of the most vulnerable occupations to overtime and base pay violations consist of:

IT employees.

Service service technicians.

Installers.

Sales agents.

Nurses and healthcare workers.

Tipped staff members.

Oil and gas field employees.

Call center employees.

Personal bankers, home loan brokers, and AMLs.

Retail staff members.

Exotic dancers.

FedEx chauffeurs.

Disaster relief workers.

Pizza shipment chauffeurs.

What Is Employee Misclassification?

There are a variety of distinctions in between employees and self-employed employees, likewise called independent specialists or experts. Unlike employees, who are told when and where to work, guaranteed a routine wage amount, and entitled to employee benefits, to name a few criteria, independent specialists usually work on a short-term, contract basis with a company, and are invoiced for their work. Independent professionals are not entitled to worker benefits, referall.us and must submit and withhold their own taxes, too.

However, recently, some companies have actually abused category by misclassifying bonafide staff members as professionals in an effort to conserve cash and circumvent laws. This is most frequently seen amongst „gig economy” employees, such as rideshare chauffeurs and delivery motorists.

Some examples of misclassifications include:

Misclassifying an employee as an independent specialist to not have to adhere to Equal Job opportunity Commission laws, which avoid employment discrimination.

Misclassifying a worker to prevent enrolling them in a health benefits plan.

Misclassifying employees to prevent paying base pay.

How Is Defamation of Character Defined?

Defamation is normally defined as the act of harming the credibility of a person through slanderous (spoken) or defamatory (written) comments. When libel takes place in the workplace, it has the prospective to hurt group spirits, produce alienation, or even trigger long-term damage to a worker’s profession potential customers.

Employers are accountable for putting a stop to hazardous gossiping among employees if it is a routine and known event in the work environment. Defamation of character in the work environment might consist of instances such as:

A company making harmful and unfounded claims, such as claims of theft or incompetence, toward a worker throughout an efficiency review

An employee spreading a harmful report about another employee that causes them to be declined for a job elsewhere

A worker spreading chatter about an employee that causes other colleagues to prevent them

What Is Considered Employer Retaliation?

It is illegal for a business to penalize a staff member for filing a complaint or lawsuit against their company. This is thought about employer retaliation. Although employees are legally safeguarded against retaliation, it doesn’t stop some employers from penalizing a worker who submitted a problem in a variety of methods, such as:

Reducing the worker’s income

Demoting the employee

Re-assigning the worker to a less-desirable task

Re-assigning the employee to a shift that produces a work-family dispute

Excluding the worker from essential work environment activities such as training sessions

What If a Business Denies a Leave of Absence?

While leave of absence laws vary from one state to another, there are a variety of federally mandated laws that safeguard workers who need to take a prolonged amount of time off from work.

Under the Family Medical Leave Act (FMLA), companies should offer unpaid leave time to employees with a qualifying family or private medical circumstance, such as leave for the birth or adoption of a child or delegate look after a partner, kid, or moms and dad with a severe health condition. If certified, staff members are entitled to as much as 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, guarantees specific protections to existing and previous uniformed service members who may need to be absent from civilian work for a particular period of time in order to serve in the militaries.

Leave of absence can be unjustly denied in a variety of methods, including:

Firing a worker who took a leave of absence for the birth or adoption of their child without simply cause

Demoting a worker who took a leave of lack to take care of a passing away moms and dad without simply cause

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

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

What Is Executive Compensation?

Executive compensation is the mix of base money compensation, postponed settlement, performance rewards, stock options, executive benefits, severance packages, and more, awarded to high-level management workers. Executive settlement plans have actually come under increased scrutiny by regulatory companies and investors alike. If you face a conflict during the settlement of your executive pay plan, our lawyers might have the ability to assist you.

Why Should I Contact a Morgan & Morgan Employment Attorney?

The employment and labor attorneys at Morgan & Morgan have effectively pursued countless labor and work claims for individuals who require it most.

In addition to our successful track record of representing victims of labor and work claims, our labor lawyers also represent employees before administrative companies such as the Equal Employment 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 may have been treated improperly by a company or another employee, do not hesitate to contact our office. To discuss your legal rights and options, submit our totally free, no-obligation case review kind now.

What Does a Work Attorney Do?

Documentation.
First, your assigned legal group will gather records connected to your claim, including your contract, time sheets, and communications via e-mail or other job-related platforms.
These documents will help your lawyer comprehend the extent of your claim and construct your case for payment.

Investigation.
Your attorney and legal group will investigate your work environment claim in great detail to gather the essential proof.
They will take a look at the files you offer and may also take a look at employment records, agreements, and other workplace data.

Negotiation.
Your attorney will negotiate with the defense, outside of the courtroom, to help get you the compensation you might be entitled to.
If settlement negotiations are unsuccessful, your attorney is prepared to go to trial and present your case in the strongest possible type.

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