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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 file one of the most employment litigation cases in the country, consisting of those including wrongful termination, discrimination, harassment, wage theft, staff member misclassification, libel, retaliation, rejection of leave, and executive pay conflicts.

The workplace must be a safe location. Unfortunately, some workers are subjected to unfair and unlawful conditions by unethical employers. Workers may not understand what their rights in the office are, or may be afraid of speaking up against their employer in worry of retaliation. These labor offenses can result in lost wages and advantages, missed out on chances for development, and undue tension.

Unfair and inequitable labor practices against employees can take numerous forms, consisting of wrongful termination, discrimination, harassment, refusal to offer a reasonable accommodation, rejection of leave, employer retaliation, and wage and hour violations. Workers who are victim to these and other dishonest practices might not know their rights, or might be afraid to speak out against their employer for worry of retaliation.

At Morgan & Morgan, our employment attorneys manage a range of civil lawsuits cases including unfair labor practices versus staff members. Our lawyers have the knowledge, devotion, and experience needed to represent workers in a wide variety of labor disputes. In truth, Morgan & Morgan has actually been acknowledged for filing more labor and employment cases than any other company.

If you believe you may have been the victim of unfair or prohibited treatment in the office, call us by completing our free case evaluation type.

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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 special needs).

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

Unfair Labor Practices (e.g., rejection of earnings, overtime, idea 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 let go for reasons that are unjust or illegal. This is called wrongful termination, wrongful discharge, or wrongful termination.

There are lots of situations that might be premises for a wrongful termination suit, including:

Firing a staff member out of retaliation.

Discrimination.

Firing a whistleblower.

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

If you believe you might have been fired without correct cause, our labor and employment lawyers may have the ability to assist you recuperate back pay, unpaid earnings, and other forms of settlement.

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

It is illegal to discriminate versus a task applicant or staff member on the basis of race, color, faith, sex, nationwide origin, special needs, or age. However, some companies do just that, causing a hostile and inequitable office where some workers are dealt with more positively than others.

Workplace discrimination can take many kinds. Some examples include:

Refusing to hire 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 offering equivalent training opportunities for employees of various religious backgrounds.

Imposing task eligibility criteria that intentionally evaluates out individuals with specials needs.

Firing someone based upon a protected classification.

What Are Some Examples of Workplace Harassment?

When employees are subjected to slurs, attacks, hazards, ridicule, offensive jokes, undesirable sexual advances, or spoken or physical conduct of a sexual nature, it can be considered workplace harassment. Similar to workplace discrimination, workplace harassment develops a hostile and abusive work environment.

Examples of office harassment include:

Making unwanted comments 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 orientation.

Making unfavorable remarks about a staff member’s faiths.

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

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

Workplace harassment can also take the kind of quid professional quo harassment. This suggests that the harassment results in an intangible change in a worker’s work status. For instance, an employee might be required to tolerate sexual harassment from a supervisor as a condition of their continued work.

Which Industries Have the Most Overtime and Base Pay Violations?

The Fair Labor Standards Act (FLSA) developed particular employees’ rights, including the right to a base pay (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 denying workers their rightful pay through deceitful techniques. This is called wage theft, and includes examples such as:

Paying an employee less than the federal base pay.

Giving an employee “comp time” or hours that can be utilized towards getaway or ill time, rather than overtime spend for hours worked over 40 in a work week.

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

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

Misclassifying a worker that needs to be paid overtime as “exempt” by promoting them to a “supervisory” position without really changing the worker’s job duties.

A few of the most vulnerable occupations to overtime and base pay offenses include:

IT employees.

Service technicians.

Installers.

Sales agents.

Nurses and health care employees.

Tipped employees.

Oil and gas field employees.

Call center employees.

Personal lenders, home mortgage brokers, and AMLs.

Retail staff members.

Exotic dancers.

FedEx drivers.

Disaster relief workers.

Pizza delivery drivers.

What Is Employee Misclassification?

There are a number of differences in between workers and self-employed employees, likewise known as independent specialists or experts. Unlike staff members, who are told when and where to work, ensured a routine wage amount, and entitled to staff member advantages, to name a few requirements, independent specialists normally deal with a short-term, employment agreement basis with a company, and are invoiced for their work. Independent professionals are not entitled to employee advantages, and should file and withhold their own taxes, as well.

However, over the last few years, some companies have actually abused category by misclassifying bonafide employees as specialists in an attempt to save money and circumvent laws. This is most typically seen among “gig economy” employees, such as rideshare motorists and shipment drivers.

Some examples of misclassifications consist of:

Misclassifying an employee as an independent contractor to not have to comply with Equal Employment Opportunity Commission laws, employment which prevent employment discrimination.

Misclassifying an employee to avoid registering them in a health benefits prepare.

Misclassifying employees to prevent paying base pay.

How Is Defamation of Character Defined?

Defamation is typically specified as the act of harming the reputation of a person through slanderous (spoken) or defamatory (written) comments. When defamation takes place in the work environment, it has the prospective to harm team morale, create alienation, or even cause long-lasting damage to an employee’s profession potential customers.

Employers are responsible for stopping harmful gossiping among employees if it is a routine and known incident in the work environment. Defamation of character in the work environment may consist of instances such as:

A company making harmful and unproven accusations, such as claims of theft or incompetence, towards a staff member throughout an efficiency review

A worker spreading out a harmful report about another staff member that triggers them to be denied for a task elsewhere

A staff member dispersing gossip about a worker that causes other coworkers to avoid them

What Is Considered Employer Retaliation?

It is prohibited for a business to punish an employee for filing a complaint or claim against their employer. This is considered company retaliation. Although employees are lawfully secured against retaliation, it doesn’t stop some companies from punishing an employee who filed a grievance in a range of ways, such as:

Reducing the worker’s salary

Demoting the worker

Re-assigning the worker to a less-desirable job

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

Excluding the worker from necessary office 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 employees who must take a prolonged amount of time off from work.

Under the Family Medical Leave Act (FMLA), companies need to offer unsettled leave time to employees with a certifying family or specific medical scenario, such as leave for the birth or adoption of a child or delegate look after a partner, kid, or moms and dad with a major health condition. If qualified, employees are entitled to up to 12 weeks of overdue 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, assurances particular protections to current and former uniformed service members who may need to be absent from civilian work for a certain period of time in order to serve in the armed forces.

Leave of lack can be unjustly rejected in a number of methods, consisting of:

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

Demoting a staff member who took a leave of lack to care for a dying parent without simply cause

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

Retaliating versus an existing or former service member who took a leave of absence to serve in the armed forces

What Is Executive Compensation?

Executive payment is the mix of base money settlement, delayed compensation, efficiency rewards, stock choices, executive benefits, severance packages, and more, granted to high-level management staff members. Executive settlement packages have come under increased analysis by regulatory agencies and shareholders alike. If you face a dispute during the settlement of your executive pay bundle, our lawyers may be able to assist you.

Why Should I Contact a Morgan & Morgan Employment Attorney?

The employment and labor legal representatives at Morgan & Morgan have effectively pursued thousands of labor and employment work claims for the individuals who need 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 firms such as the Equal Employment Opportunity Commission (EEOC), Department of Labor employment (DOL), Occupational Safety and Health Administration (OSHA), and National Labor Relations Board (NLRB).

If you or someone you know may have been dealt with poorly by an employer or another employee, do not think twice to contact our workplace. To discuss your legal rights and options, submit our free, no-obligation case evaluation form now.

What Does a Work Attorney Do?

Documentation.
First, your assigned legal group will collect records related to your claim, including your contract, time sheets, and interactions by means of email or other job-related platforms.
These files will help your attorney comprehend the extent of your claim and develop your case for compensation.

Investigation.
Your lawyer and legal group will examine your workplace claim in great detail to gather the necessary proof.
They will take a look at the files you provide and might likewise take a look at work records, contracts, and other office 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 unsuccessful, your lawyer is prepared to go to trial and present your case in the strongest possible form.

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