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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 submit one of the most employment litigation cases in the country, consisting of those including wrongful termination, discrimination, harassment, wage theft, worker misclassification, character assassination, retaliation, denial of leave, and executive pay conflicts.

The workplace ought to be a safe place. Unfortunately, some workers go through unfair and illegal conditions by deceitful employers. Workers might not understand what their rights in the workplace are, or might be scared of speaking up against their employer in worry of retaliation. These labor violations can result in lost wages and benefits, missed out on chances for improvement, and excessive stress.

Unfair and discriminatory labor practices versus employees can take numerous kinds, including wrongful termination, discrimination, harassment, rejection to provide a reasonable lodging, rejection of leave, company retaliation, and wage and hour infractions. Workers who are victim to these and other dishonest practices may not know their rights, or may be afraid to speak up versus their company for fear of retaliation.

At Morgan & Morgan, our work attorneys manage a range of civil lawsuits cases involving unjust labor practices against staff members. Our lawyers have the knowledge, commitment, and employment experience needed to represent employees in a large variety of labor disagreements. In fact, Morgan & Morgan has been acknowledged for submitting more labor and employment cases than any other company.

If you believe you might have been the victim of unjust or unlawful treatment in the work environment, call us by finishing our free case examination kind.

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Step 2

We take.
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Our devoted group gets to work investigating your claim.

Step 3

We battle.
for you

If we handle the case, our team battles to get you the results you should have.

Client success.
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Results may vary depending on your specific facts and legal scenarios.

FAQ

Get answers to typically asked questions about our legal services and learn 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, national origin, religious beliefs, age, and disability).

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

Unfair Labor Practices (e.g., rejection of salaries, overtime, tip pooling, and equivalent 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 release for factors that are unjust or prohibited. This is described wrongful termination, wrongful discharge, or wrongful termination.

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

Firing an employee out of retaliation.

Discrimination.

Firing a whistleblower.

Firing a staff member who will not do something unlawful for their employer.

If you think you may have been fired without proper cause, our labor and employment lawyers may have the ability to help you recuperate back pay, overdue incomes, and other forms of payment.

What Are the Most Common Forms of Workplace Discrimination?

It is illegal to victimize a task candidate or staff member on the basis of race, color, religion, sex, national origin, impairment, or age. However, some employers do simply that, causing a hostile and inequitable work environment where some workers are dealt with more positively than others.

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

Refusing to employ somebody on the basis of their skin color.

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

Not providing equivalent training chances for employees of different spiritual backgrounds.

Imposing job requirements that intentionally screens out individuals with specials needs.

Firing somebody based on a protected category.

What Are Some Examples of Workplace Harassment?

When employees go through slurs, attacks, threats, ridicule, offending jokes, unwanted sexual advances, or verbal or physical conduct of a sexual nature, it can be considered workplace harassment. Similar to workplace discrimination, work environment harassment produces a hostile and violent work environment.

Examples of office harassment consist of:

Making undesirable comments about an employee’s look or body.

Telling a vulgar or sexual joke to a colleague.

Using slurs or racial epithets.

Making prejudicial statements about a worker’s sexual orientation.

Making negative remarks about a worker’s spiritual beliefs.

Making prejudicial declarations about a worker’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 results in an intangible modification in an employee’s employment status. For instance, a staff member might be required to tolerate unwanted sexual advances from a supervisor as a condition of their continued employment.

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

The Fair Labor Standards Act (FLSA) established specific employees’ rights, including the right to a base pay (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 companies attempt to cut expenses by denying employees their rightful pay through deceitful techniques. This is called wage theft, and consists of examples such as:

Paying a worker less than the federal minimum wage.

Giving an employee “comp time” or hours that can be used towards trip 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 managers or cooks.

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

Misclassifying a worker that needs to be paid overtime as “exempt” by promoting them to a “managerial” position without actually altering the employee’s job duties.

Some of the most vulnerable professions to overtime and base pay violations include:

IT workers.

Service service technicians.

Installers.

Sales representatives.

Nurses and health care employees.

Tipped staff members.

Oil and gas field employees.

Call center employees.

Personal lenders, mortgage brokers, and AMLs.

Retail staff members.

Exotic dancers.

FedEx drivers.

Disaster relief workers.

Pizza shipment drivers.

What Is Employee Misclassification?

There are a variety of differences in between employees and self-employed workers, likewise called independent contractors or consultants. Unlike workers, who are informed when and where to work, ensured a routine wage amount, and entitled to staff member benefits, amongst other criteria, independent professionals normally deal with a short-term, agreement basis with a company, and are invoiced for their work. Independent contractors are not entitled to worker advantages, and must submit and keep their own taxes, also.

However, in the last few years, some employers have abused category by misclassifying bonafide workers as contractors in an attempt to save money and circumvent laws. This is most typically seen amongst “gig economy” workers, such as rideshare motorists and shipment motorists.

Some examples of misclassifications include:

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

Misclassifying a worker to avoid registering them in a health advantages prepare.

Misclassifying employees to prevent paying minimum wage.

How Is Defamation of Character Defined?

Defamation is usually defined as the act of damaging the credibility of an individual through slanderous (spoken) or disparaging (written) comments. When character assassination takes place in the office, it has the potential to damage group morale, produce alienation, or perhaps trigger long-lasting damage to a worker’s profession potential customers.

Employers are responsible for stopping harmful gossiping among workers if it is a routine and known occurrence in the office. Defamation of character in the work environment may include circumstances such as:

A company making harmful and unfounded claims, such as claims of theft or incompetence, towards an employee during a performance review

A staff member spreading out a harmful report about another employee that triggers them to be rejected for a job elsewhere

A worker spreading chatter about a worker that triggers other coworkers to prevent them

What Is Considered Employer Retaliation?

It is illegal for a company to punish an employee for submitting a grievance or suit against their company. This is considered company retaliation. Although employees are lawfully protected versus retaliation, it does not stop some companies from punishing a worker who filed a complaint in a range of methods, such as:

Reducing the worker’s salary

Demoting the employee

Re-assigning the worker to a less-desirable job

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

Excluding the employee from vital workplace 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 employees who need to take a prolonged duration of time off from work.

Under the Family Medical Leave Act (FMLA), employers need to provide unpaid leave time to workers with a qualifying family or individual medical scenario, such as leave for the birth or adoption of a child or leave to care for a partner, kid, or moms and dad with a serious health condition. If certified, staff members are entitled to up to 12 weeks of overdue leave time under the FMLA without worry of endangering their job status.

The Uniformed Services Employment and Reemployment Rights Act (USERRA), on the other hand, guarantees specific defenses to current and former uniformed service members who may need to be missing from civilian employment for a certain time period in order to serve in the armed forces.

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

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 absence to care for a dying parent 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 armed forces

What Is Executive Compensation?

Executive compensation is the combination of base money settlement, delayed payment, efficiency benefits, stock options, executive advantages, severance packages, and more, awarded to top-level management workers. Executive settlement packages have actually come under increased examination by regulative companies and shareholders alike. If you face a dispute throughout the negotiation of your executive pay plan, our lawyers may be able to assist you.

Why Should I Contact a Morgan & Morgan Employment Attorney?

The work and labor legal representatives at Morgan & Morgan have actually effectively pursued thousands of labor and employment 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 also represent staff members before administrative firms 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 know may have been treated incorrectly by a company or another employee, do not hesitate to contact our office. To discuss your legal rights and choices, fill out our totally free, employment no-obligation case evaluation kind now.

What Does an Employment Attorney Do?

Documentation.
First, your appointed legal group will collect records associated with your claim, including your contract, time sheets, and interactions by means of e-mail or other work-related platforms.
These files will assist your lawyer understand the extent of your claim and construct your case for compensation.

Investigation.
Your lawyer and legal group will investigate your work environment claim in fantastic information to gather the essential evidence.
They will take a look at the files you provide and may likewise look at employment records, agreements, and other work environment information.

Negotiation.
Your lawyer will work out with the defense, outside of the courtroom, to help get you the settlement you might be entitled to.
If settlement negotiations are not successful, your lawyer is prepared to go to trial and present your case in the greatest possible form.

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