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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 submit the most work lawsuits cases in the country, consisting of those involving wrongful termination, discrimination, harassment, wage theft, worker misclassification, defamation, retaliation, denial of leave, and executive pay disputes.

The workplace ought to be a safe place. Unfortunately, some workers undergo unfair and illegal conditions by unethical employers. Workers might not know what their rights in the office are, or might hesitate of speaking up against their company in worry of retaliation. These labor infractions can cause lost salaries and benefits, missed opportunities for advancement, and excessive tension.

Unfair and discriminatory labor practices against staff members can take lots of forms, including wrongful termination, discrimination, harassment, refusal to give an affordable lodging, rejection of leave, employer retaliation, and wage and hour offenses. 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 work lawyers manage a range of civil litigation cases involving unjust labor practices against staff members. Our lawyers possess the understanding, commitment, and experience needed to represent workers in a large range of labor conflicts. In fact, Morgan & Morgan has been recognized for submitting more labor and employment cases than any other company.

If you think you may have been the victim of unjust or illegal treatment in the workplace, contact us by completing our free case examination form.

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FAQ

Get the answer to commonly asked concerns 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 people who have been the victim of:

Wrongful Termination.

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

Harassment (e.g., Sexual Harassment, Hostile Work Environment).

Unfair Labor Practices (e.g., denial of earnings, overtime, idea 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 staff members are let go for reasons that are unreasonable or prohibited. This is described wrongful termination, wrongful discharge, or wrongful dismissal.

There are lots of scenarios that may be premises for a wrongful termination suit, including:

Firing an employee out of retaliation.

Discrimination.

Firing a whistleblower.

Firing a worker who won’t do something prohibited for their employer.

If you believe you might have been fired without appropriate cause, our labor and work lawyers may have the ability to help you recover back pay, overdue earnings, and other types of payment.

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

It is unlawful to victimize a job candidate or employee on the basis of race, color, referall.us religious beliefs, sex, national origin, impairment, or age. However, some companies do just that, causing a hostile and inequitable office where some employees are treated more favorably than others.

Workplace discrimination can take many types. Some examples include:

Refusing to hire someone on the basis of their skin color.

Passing over a qualified 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 deliberately evaluates out individuals with disabilities.

Firing someone based upon a secured classification.

What Are Some Examples of Workplace Harassment?

When employees undergo slurs, assaults, threats, ridicule, offending jokes, unwelcome sexual advances, or spoken or physical conduct of a sexual nature, it can be considered workplace harassment. Similar to workplace discrimination, office harassment creates a hostile and abusive workplace.

Examples of workplace harassment consist of:

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

Telling a repulsive or sexual joke to a coworker.

Using slurs or racial epithets.

Making prejudicial statements about a worker’s sexual preference.

Making unfavorable remarks about an employee’s religions.

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

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

Workplace harassment can also take the form of quid professional quo harassment. This means that the harassment results in an intangible modification in an employee’s employment status. For instance, a staff member may be required to endure unwanted sexual advances from a manager 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 workers’ rights, consisting of 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 staff members.

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

Paying an employee less than the federal minimum wage.

Giving an employee “comp time” or hours that can be used toward holiday or sick time, rather than overtime pay for hours worked over 40 in a work week.

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

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

Misclassifying an employee that should be paid overtime as “exempt” by promoting them to a “managerial” position without in fact altering the worker’s task duties.

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

IT employees.

Service service technicians.

Installers.

Sales representatives.

Nurses and healthcare employees.

Tipped staff members.

Oil and gas field workers.

Call center workers.

Personal bankers, home loan brokers, and AMLs.

Retail employees.

Exotic dancers.

FedEx motorists.

Disaster relief employees.

Pizza delivery drivers.

What Is Employee Misclassification?

There are a number of distinctions between staff members and self-employed employees, also referred to as independent professionals or specialists. Unlike employees, who are told when and where to work, guaranteed a routine wage amount, and entitled to worker advantages, amongst other requirements, independent specialists typically deal with a short-term, contract basis with a service, and are invoiced for their work. Independent contractors are not entitled to employee benefits, and must file and withhold their own taxes, as well.

However, in the last few years, some employers have abused classification by misclassifying bonafide staff members as contractors in an attempt to save cash and prevent laws. This is most typically seen among “gig economy” workers, such as rideshare drivers and shipment drivers.

Some examples of misclassifications consist of:

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

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

Misclassifying workers to prevent paying out minimum wage.

How Is Defamation of Character Defined?

Defamation is typically specified as the act of harming the track record of a person through slanderous (spoken) or defamatory (written) comments. When disparagement takes place in the office, it has the possible to hurt team spirits, develop alienation, or perhaps trigger long-term damage to an employee’s career potential customers.

Employers are accountable for putting a stop to harmful gossiping among workers if it is a routine and known incident in the office. Defamation of character in the workplace may include instances such as:

An employer making hazardous and unproven accusations, such as claims of theft or incompetence, toward a staff member throughout an efficiency evaluation

A worker spreading out a damaging rumor about another worker that triggers them to be refused for a job in other places

An employee spreading chatter about a worker that causes other coworkers to prevent them

What Is Considered Employer Retaliation?

It is illegal for a company to punish a worker for submitting a problem or lawsuit against their employer. This is thought about company retaliation. Although employees are legally secured against retaliation, it does not stop some companies from punishing a staff member who submitted a complaint in a range of ways, such as:

Reducing the worker’s salary

Demoting the employee

Re-assigning the employee to a less-desirable job

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

Excluding the employee from vital 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 safeguard employees who need to take an extended time period off from work.

Under the Family Medical Leave Act (FMLA), employers must use unpaid leave time to staff members with a qualifying family or specific medical situation, such as leave for the birth or adoption of a baby or delegate look after a partner, child, or moms and dad with a major health condition. If qualified, employees are entitled to up to 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, assurances specific securities to present and former uniformed service members who may need to be absent from civilian employment for a specific duration of time in order to serve in the armed forces.

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

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

Demoting an employee who took a leave of absence 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 armed forces without simply cause

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

What Is Executive Compensation?

Executive payment is the combination of base money settlement, delayed settlement, performance rewards, stock options, executive advantages, severance plans, and more, granted to top-level management employees. Executive payment bundles have actually come under increased analysis by regulative companies and shareholders alike. If you deal with a dispute throughout the negotiation of your executive pay bundle, our attorneys might have the ability to assist you.

Why Should I Contact a Morgan & Morgan Employment Attorney?

The work and labor attorneys at Morgan & Morgan have actually successfully pursued thousands of labor and work claims for individuals who need it most.

In addition to our successful track record of representing victims of labor and work claims, our labor lawyers also represent staff members before administrative firms such as the Equal Job 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 might have been dealt with incorrectly by a company or another staff member, do not think twice to contact our office. To discuss your legal rights and options, submit our totally free, no-obligation case review form now.

What Does a Work Attorney Do?

Documentation.
First, your designated legal team will collect records connected to your claim, including your agreement, time sheets, and interactions via e-mail or other work-related platforms.
These files will assist your lawyer understand the level of your claim and construct your case for payment.

Investigation.
Your attorney and legal team will examine your workplace claim in excellent detail to collect the essential proof.
They will take a look at the files you provide and may likewise look at work records, contracts, and other workplace information.

Negotiation.
Your lawyer will work out with the defense, beyond the courtroom, to help get you the compensation you may be entitled to.
If settlement negotiations are unsuccessful, your lawyer is prepared to go to trial and present your case in the greatest possible type.

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