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Labor and Employment Attorneys

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. -America’s Largest Injury Law practice ™.

– Protecting Families Since 1988.

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Were You Treated Unfairly While on the Job?

Morgan & Morgan’s work attorneys file the most work lawsuits cases in the nation, including those involving wrongful termination, discrimination, harassment, wage theft, worker misclassification, disparagement, retaliation, denial of leave, and executive pay disagreements.

The workplace should be a safe place. Unfortunately, some workers are subjected to unjust and unlawful conditions by unscrupulous employers. Workers may not know what their rights in the office are, or might be scared of speaking out versus their employer in worry of retaliation. These labor infractions can result in lost salaries and benefits, missed chances for development, and unnecessary tension.

Unfair and prejudiced labor practices against employees can take lots of types, including wrongful termination, discrimination, harassment, rejection to offer a sensible accommodation, denial of leave, company retaliation, and wage and hour offenses. Workers who are victim to these and other dishonest practices may not understand their rights, or might hesitate to speak up against their employer for worry of retaliation.

At Morgan & Morgan, our work lawyers handle a variety of civil litigation cases including unfair labor practices versus staff members. Our attorneys have the knowledge, dedication, and experience required to represent employees in a broad range of labor disagreements. In fact, Morgan & Morgan has been acknowledged for filing more labor and employment cases than any other firm.

If you think you may have been the victim of unfair or illegal treatment in the office, contact us by completing our complimentary case examination type.

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FAQ

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

What Does Labor employment Law and Employment Law Cover?

Our practice represents individuals who have been the victim of:

Wrongful Termination.

Discrimination (e.g., sex, race, color, harassment, national origin, faith, age, and disability).

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

Unfair Labor Practices (e.g., rejection 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 claims.

Executive Pay Disputes.

What Constitutes Wrongful Termination?

Sometimes employees are release for reasons that are unreasonable or unlawful. This is called wrongful termination, wrongful discharge, or wrongful dismissal.

There are lots of circumstances that might be grounds for a wrongful termination suit, including:

Firing a worker out of retaliation.

Discrimination.

Firing a whistleblower.

Firing an employee who won’t do something prohibited for their employer.

If you believe you may have been fired without proper cause, our labor and work lawyers may have the ability to help you recuperate back pay, unpaid salaries, and other forms of settlement.

What Are one of the most Common Forms of Workplace Discrimination?

It is prohibited to victimize a job candidate or worker on the basis of race, color, religion, sex, nationwide origin, disability, or age. However, some companies do simply that, causing a hostile and inequitable work environment where some employees are treated more favorably than others.

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

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 equivalent training opportunities for employees of different religious backgrounds.

Imposing task eligibility criteria that intentionally screens out people with specials needs.

Firing somebody based upon a safeguarded classification.

What Are Some Examples of Workplace Harassment?

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

Examples of office harassment include:

Making unwelcome remarks about an employee’s look or body.

Telling a repulsive or sexual joke to a colleague.

Using slurs or racial epithets.

Making prejudicial declarations about an employee’s sexual preference.

Making negative comments about an employee’s religions.

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

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

Workplace harassment can likewise take the kind of quid pro quo harassment. This indicates that the harassment results in an intangible modification in an employee’s employment status. For instance, an employee may be required to endure unwanted sexual advances from a manager as a condition of their continued work.

Which Industries Have one of the most Overtime and Base Pay Violations?

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

However, some employers attempt to cut costs by denying workers their rightful pay through deceiving techniques. 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 used toward vacation or sick time, instead of overtime pay for hours worked over 40 in a work week.

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

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

Misclassifying an employee that must be paid overtime as “exempt” by promoting them to a “managerial” position without really altering the employee’s job tasks.

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

IT employees.

Service specialists.

Installers.

Sales representatives.

Nurses and healthcare employees.

Tipped workers.

Oil and gas field employees.

Call center workers.

Personal lenders, home mortgage brokers, and AMLs.

Retail workers.

Strippers.

FedEx drivers.

Disaster relief employees.

Pizza delivery motorists.

What Is Employee Misclassification?

There are a variety of differences in between employees and self-employed employees, also called independent specialists or consultants. Unlike employees, who are informed when and where to work, guaranteed a regular wage amount, and entitled to worker advantages, to name a few criteria, independent specialists usually work on a short-term, agreement basis with a company, and are invoiced for their work. Independent specialists are not entitled to worker advantages, and need to file and keep their own taxes, also.

However, in the last few years, some companies have abused classification by misclassifying bonafide employees as contractors in an attempt to save money and prevent laws. This is most frequently seen among “gig economy” employees, such as rideshare motorists and delivery chauffeurs.

Some examples of misclassifications include:

Misclassifying a worker as an independent contractor to not have to adhere to Equal Job opportunity Commission laws, which avoid work discrimination.

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

Misclassifying workers to prevent paying minimum wage.

How Is Defamation of Character Defined?

Defamation is generally defined as the act of damaging the credibility of a person through slanderous (spoken) or libelous (written) comments. When disparagement happens in the work environment, it has the potential to harm team morale, produce alienation, or perhaps damage to a worker’s profession prospects.

Employers are accountable for putting a stop to damaging gossiping among employees if it is a regular and known event in the work environment. Defamation of character in the work environment may include circumstances such as:

An employer making hazardous and unproven allegations, such as claims of theft or incompetence, toward a worker throughout a performance evaluation

A staff member spreading a damaging report about another worker that causes them to be denied for a job in other places

A staff member dispersing gossip about a worker that triggers other coworkers to prevent them

What Is Considered Employer Retaliation?

It is illegal for a business to punish an employee for filing a problem or lawsuit versus their employer. This is thought about employer retaliation. Although employees are lawfully protected against retaliation, it doesn’t stop some employers from penalizing an employee who submitted a grievance in a range of methods, such as:

Reducing the worker’s income

Demoting the employee

Re-assigning the worker to a less-desirable task

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

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

What If a Company Denies a Leave of Absence?

While leave of absence laws differ from state to state, there are a variety of federally mandated laws that protect staff members who should take a prolonged duration of time off from work.

Under the Family Medical Leave Act (FMLA), employers need to provide overdue leave time to workers with a qualifying household or individual medical situation, such as leave for the birth or adoption of a child or leave to care for employment a spouse, kid, employment or moms and dad with a major health condition. If qualified, workers are entitled to up to 12 weeks of overdue leave time under the FMLA without fear of endangering their job status.

The Uniformed Services Employment and Reemployment Rights Act (USERRA), on the other hand, warranties specific protections to existing and former uniformed service members who may require to be missing from civilian employment for a particular time period in order to serve in the armed forces.

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

Firing a worker who took a leave of lack 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 dying moms and dad without just cause

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

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

What Is Executive Compensation?

Executive compensation is the combination of base cash payment, delayed settlement, performance bonuses, stock options, executive benefits, severance bundles, and more, granted to top-level management workers. Executive payment bundles have actually come under increased examination by regulative firms and shareholders alike. If you deal with a disagreement during the settlement of your executive pay plan, our lawyers may have the ability to help you.

Why Should I Contact a Morgan & Morgan Employment Attorney?

The work and labor legal representatives at Morgan & Morgan have effectively pursued thousands of labor and employment claims for individuals who require it most.

In addition to our successful performance history of representing victims of labor and employment claims, our labor attorneys also represent workers 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 might have been treated incorrectly by an employer or another staff member, do not think twice to contact our workplace. To discuss your legal rights and choices, complete our totally free, no-obligation case review type now.

What Does an Employment Attorney Do?

Documentation.
First, your assigned legal team will gather records associated with your claim, including your contract, time sheets, and interactions through e-mail or other job-related platforms.
These files will help your attorney comprehend the degree of your claim and develop your case for compensation.

Investigation.
Your lawyer and legal group will investigate your office claim in great detail to collect the essential proof.
They will take a look at the files you provide and might likewise look at employment records, contracts, and other workplace data.

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

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