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Labor and Employment Attorneys

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Were You Treated Unfairly While on the Job?

Morgan & Morgan’s employment lawyers file one of the most work litigation cases in the country, including those involving wrongful termination, job discrimination, harassment, wage theft, staff member misclassification, disparagement, retaliation, denial of leave, and executive pay disagreements.

The workplace ought to be a safe place. Unfortunately, some workers are subjected to unfair and prohibited conditions by deceitful employers. Workers may not know what their rights in the office are, or might be scared of speaking out against their company in worry of retaliation. These labor infractions can cause lost wages and advantages, missed out on opportunities for advancement, and unnecessary stress.

Unfair and discriminatory labor practices against staff members can take many types, including wrongful termination, discrimination, harassment, refusal to offer an affordable lodging, rejection of leave, employer retaliation, and wage and hour violations. Workers who are victim to these and other unethical practices might not know their rights, or might be scared to speak out against their employer for worry of retaliation.

At Morgan & Morgan, our work lawyers deal with a variety of civil lawsuits cases including unjust labor practices against employees. Our attorneys possess the understanding, commitment, job and experience required to represent employees in a wide variety of labor disputes. In reality, Morgan & Morgan has been recognized for filing more labor and employment cases than any other firm.

If you believe you might have been the victim of unreasonable or unlawful treatment in the workplace, call us by finishing our totally free case evaluation type.

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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, religious beliefs, age, and special needs).

Harassment (e.g., Unwanted sexual advances, Hostile Workplace).

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

Misclassification.

Retaliation.

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

Reemployment Rights Act (USERRA).

Americans with Disability Act claims.

Executive Pay Disputes.

What Constitutes Wrongful Termination?

Sometimes workers are let go for reasons that are unreasonable or unlawful. This is called wrongful termination, wrongful discharge, or wrongful dismissal.

There are numerous scenarios that may be grounds for a wrongful termination suit, consisting of:

Firing a worker out of retaliation.

Discrimination.

Firing a whistleblower.

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

If you think you may have been fired without proper cause, our labor and work attorneys might be able to help you recover back pay, unsettled wages, and other forms of payment.

What Are the Most Common Forms of Workplace Discrimination?

It is prohibited to victimize a job candidate or worker on the basis of race, color, faith, sex, national origin, special needs, or age. However, some employers do just that, resulting in a hostile and inequitable work environment where some workers are treated more favorably than others.

Workplace discrimination can take lots of forms. Some examples include:

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

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

Not supplying equal training chances for workers of various religious backgrounds.

Imposing job eligibility requirements that deliberately evaluates out people with specials needs.

Firing someone based on a safeguarded category.

What Are Some Examples of Workplace Harassment?

When employees undergo slurs, assaults, hazards, ridicule, offending 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 violent work environment.

Examples of work environment harassment include:

Making unwanted comments about a worker’s appearance or body.

Telling a repulsive or sexual joke to a colleague.

Using slurs or racial epithets.

Making prejudicial statements about a worker’s sexual orientation.

Making unfavorable remarks about an employee’s religions.

Making prejudicial statements about a staff member’s birthplace or household heritage.

Making unfavorable remarks or jokes about the age of a staff member over the age of 40.

Workplace harassment can also take the form of quid pro quo harassment. This indicates that the harassment results in an intangible modification in a worker’s work status. For instance, a staff member may be required to tolerate sexual harassment from a supervisor as a condition of their continued employment.

Which Industries Have the Most Overtime and Minimum Wage Violations?

The Fair Labor Standards Act (FLSA) established certain employees’ rights, consisting of the right to a base pay (set federally at $7.25 since 2020) and overtime spend for all hours worked over 40 in a workweek for non-exempt employees.

However, some companies try to cut costs by denying workers their rightful pay through deceiving approaches. This is called wage theft, and consists of examples such as:

Paying an employee less than the federal minimum wage.

Giving an employee « comp time » or hours that can be utilized towards holiday or ill time, rather than overtime pay for job hours worked over 40 in a work week.

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

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

Misclassifying an employee that needs to be paid overtime as « exempt » by promoting them to a « supervisory » position without in fact changing the worker’s job tasks.

A few of the most vulnerable occupations to overtime and minimum wage offenses consist of:

IT workers.

Service professionals.

Installers.

Sales agents.

Nurses and health care employees.

Tipped staff members.

Oil and gas field workers.

Call center workers.

Personal bankers, home mortgage brokers, and AMLs.

Retail staff members.

Strippers.

FedEx chauffeurs.

Disaster relief workers.

Pizza delivery chauffeurs.

What Is Employee Misclassification?

There are a variety of differences between employees and self-employed workers, also referred to as independent specialists or consultants. Unlike employees, who are informed when and where to work, ensured a routine wage amount, and entitled to worker advantages, among other criteria, independent professionals usually work on a short-term, contract basis with a business, and are invoiced for their work. Independent professionals are not entitled to worker benefits, and must file and keep their own taxes, also.

However, recently, some employers have actually abused classification by misclassifying bonafide workers as contractors in an effort to conserve money and prevent laws. This is most frequently seen amongst « gig economy » workers, such as rideshare motorists and shipment chauffeurs.

Some examples of misclassifications include:

Misclassifying an employee as an independent specialist to not have to abide by Equal Job opportunity Commission laws, which prevent employment discrimination.

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

Misclassifying employees to avoid paying minimum wage.

How Is Defamation of Character Defined?

Defamation is usually defined as the act of damaging the reputation of an individual through slanderous (spoken) or false (written) comments. When defamation occurs in the office, it has the potential to harm team morale, create alienation, or even trigger long-term damage to an employee’s profession potential customers.

Employers are responsible for putting a stop to hazardous gossiping among workers if it is a regular and recognized occurrence in the workplace. Defamation of character in the work environment might consist of instances such as:

A company making hazardous and unfounded allegations, such as claims of theft or incompetence, toward an employee during a performance review

A worker spreading out a hazardous report about another staff member that causes them to be turned down for a task elsewhere

A worker dispersing chatter about a worker that causes other colleagues to prevent them

What Is Considered Employer Retaliation?

It is unlawful for a company to penalize a staff member for filing a grievance or lawsuit versus their company. This is thought about company retaliation. Although employees are legally secured against retaliation, it does not stop some employers from punishing a worker who filed a problem in a range of methods, such as:

Reducing the employee’s salary

Demoting the worker

Re-assigning the worker to a less-desirable job

Re-assigning the worker to a shift that creates a work-family conflict

Excluding the worker from necessary workplace activities such as training sessions

What If a Business Denies a Leave of Absence?

While leave of absence laws differ from state to state, there are a number of federally mandated laws that secure workers who must take a prolonged time period off from work.

Under the Family Medical Leave Act (FMLA), employers need to use unsettled leave time to staff members with a certifying household or specific medical circumstance, such as leave for the birth or adoption of an infant or delegate care for a partner, kid, or moms and dad with a major health condition. If certified, workers are entitled to up to 12 weeks of unpaid leave time under the FMLA without fear of endangering their task status.

The Uniformed Services Employment and Reemployment Rights Act (USERRA), on the other hand, warranties particular defenses to existing and previous uniformed service members who might require to be missing from civilian work for a specific time period in order to serve in the militaries.

Leave of absence can be unjustly rejected in a number of ways, job including:

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

Demoting an employee who took a leave of absence to take care of a passing away parent without just cause

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

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

What Is Executive Compensation?

Executive payment is the combination of base money compensation, deferred settlement, efficiency perks, stock options, executive perks, severance bundles, and more, granted to top-level management workers. Executive settlement packages have actually come under increased analysis by regulatory companies and shareholders alike. If you deal with a dispute during the settlement of your executive pay bundle, 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 labor and work claims for individuals who require it most.

In addition to our effective track record of representing victims of labor and work claims, our labor attorneys likewise represent staff members 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 somebody you understand may have been treated poorly by an employer or another worker, do not think twice to contact our office. To discuss your legal rights and alternatives, fill out our totally free, no-obligation case review form now.

What Does an Employment Attorney Do?

Documentation.
First, your assigned legal team will gather records related to your claim, including your contract, time sheets, and interactions via email or other work-related platforms.
These documents will assist your attorney understand the extent of your claim and build your case for compensation.

Investigation.
Your attorney and legal team will examine your office claim in excellent information to collect the necessary proof.
They will look at the documents you offer and might likewise look at employment records, agreements, and other office data.

Negotiation.
Your lawyer will negotiate with the defense, beyond the courtroom, to assist get you the payment you might be entitled to.
If settlement negotiations are not successful, your attorney is prepared to go to trial and present your case in the greatest possible kind.

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