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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 the most employment lawsuits cases in the nation, including those including wrongful termination, discrimination, harassment, wage theft, staff member misclassification, defamation, retaliation, denial of leave, and executive pay disagreements.

The workplace should be a safe place. Unfortunately, some employees go through unfair and illegal conditions by dishonest employers. Workers might not know what their rights in the workplace are, or may be scared of speaking up versus their employer in worry of retaliation. These labor violations can lead to lost incomes and benefits, missed chances for development, and unnecessary stress.

Unfair and prejudiced labor practices versus employees can take numerous forms, including wrongful termination, discrimination, harassment, rejection to offer an affordable lodging, denial of leave, employer retaliation, and wage and hour infractions. Workers who are victim to these and other dishonest practices might not know their rights, or may be afraid to speak out versus their company for fear of retaliation.

At Morgan & Morgan, our employment lawyers handle a range of civil litigation cases including unfair labor practices against workers. Our attorneys possess the understanding, devotion, and experience needed to represent workers in a wide variety of labor disputes. In fact, Morgan & Morgan has actually been acknowledged for submitting more labor and employment cases than any other firm.

If you believe you may have been the victim of unfair or unlawful treatment in the office, contact us by completing our complimentary case evaluation type.

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What Does Labor Law and Employment Law Cover?

Our practice represents individuals who have actually been the victim of:

Wrongful Termination.

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

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

Unfair Labor Practices (e.g., denial of earnings, 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 employees are let go for factors that are unfair or illegal. This is called wrongful termination, wrongful discharge, or wrongful dismissal.

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

Firing a staff member out of retaliation.

Discrimination.

Firing a whistleblower.

Firing an employee who will not do something prohibited for their employer.

If you believe you might have been fired without appropriate cause, our labor and work attorneys might have the ability to assist you recuperate back pay, unpaid salaries, and other types of compensation.

What Are the Most Common Forms of Workplace Discrimination?

It is illegal to discriminate against a task candidate or worker on the basis of race, color, religious beliefs, sex, nationwide origin, disability, or age. However, some companies do simply that, leading to a hostile and inequitable office where some employees are dealt with more favorably than others.

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

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

Passing over a qualified female worker for a promo in favor of a male worker with less experience.

Not supplying equivalent training chances for employees of various religious backgrounds.

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

Firing someone based on a safeguarded classification.

What Are Some Examples of Workplace Harassment?

When employees are subjected to slurs, assaults, risks, ridicule, offending jokes, unwelcome sexual advances, or verbal or physical conduct of a sexual nature, it can be considered workplace harassment. Similar to workplace discrimination, office harassment creates a hostile and violent workplace.

Examples of workplace harassment consist of:

Making unwanted remarks about an employee’s appearance or body.

Telling a vulgar or sexual joke to a coworker.

Using slurs or racial epithets.

Making prejudicial statements about a worker’s sexual preference.

Making unfavorable remarks about a worker’s religions.

Making prejudicial declarations about an employee’s birthplace or household heritage.

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

Workplace harassment can likewise take the form of quid professional quo harassment. This implies that the harassment leads to an intangible modification in an employee’s employment status. For instance, a staff member might be forced to endure 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 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 expenses by rejecting workers their rightful pay through deceitful approaches. This is called wage theft, and includes examples such as:

Paying a worker less than the federal minimum wage.

Giving an employee „comp time“ or hours that can be utilized toward getaway or ill time, instead of overtime pay for hours worked over 40 in a work week.

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

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

Misclassifying an employee that must be paid overtime as „exempt“ by promoting them to a „supervisory“ position without really changing the worker’s task duties.

A few of the most susceptible professions to overtime and base pay offenses include:

IT workers.

Service specialists.

Installers.

Sales agents.

Nurses and healthcare workers.

Tipped employees.

Oil and gas field employees.

Call center employees.

Personal lenders, mortgage brokers, and AMLs.

Retail employees.

Strippers.

FedEx drivers.

Disaster relief workers.

Pizza delivery chauffeurs.

What Is Employee Misclassification?

There are a variety of distinctions in between workers and self-employed employees, also called independent contractors or experts. Unlike employees, who are told when and where to work, guaranteed a routine wage quantity, and entitled to staff member benefits, to name a few criteria, independent contractors usually deal with a short-term, contract basis with a business, and are invoiced for their work. Independent contractors are not entitled to employee benefits, and need to file and withhold their own taxes, too.

However, in recent years, some employers have abused classification by misclassifying bonafide workers as specialists in an effort to conserve money and circumvent laws. This is most typically seen among „gig economy“ employees, such as rideshare motorists and delivery drivers.

Some examples of misclassifications include:

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

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

Misclassifying employees to avoid paying minimum wage.

How Is Defamation of Character Defined?

Defamation is usually specified as the act of damaging the reputation of a person through slanderous (spoken) or false (written) remarks. When libel occurs in the work environment, it has the possible to damage group morale, produce alienation, or even cause long-lasting damage to a worker’s career potential customers.

Employers are accountable for stopping hazardous gossiping amongst staff members if it is a routine and recognized occurrence in the office. Defamation of character in the workplace may consist of circumstances such as:

An employer making harmful and unproven accusations, such as claims of theft or incompetence, towards a worker throughout an efficiency review

An employee spreading a damaging rumor about another worker that causes them to be rejected for a task somewhere else

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

What Is Considered Employer Retaliation?

It is illegal for a company to penalize a worker for submitting a grievance or lawsuit against their company. This is thought about company retaliation. Although employees are lawfully safeguarded versus retaliation, it doesn’t stop some companies from punishing a staff member who submitted a grievance in a variety of ways, such as:

Reducing the worker’s income

Demoting the employee

Re-assigning the worker to a less-desirable task

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 lack laws differ from one state to another, there are a variety of federally mandated laws that safeguard staff members who need to take a prolonged amount of time off from work.

Under the Family Medical Leave Act (FMLA), companies need to provide unpaid leave time to staff members with a certifying household or specific medical circumstance, such as leave for the birth or adoption of a baby or delegate care for a spouse, kid, or parent with a serious health condition. If qualified, employees are to as much as 12 weeks of unsettled leave time under the FMLA without worry of threatening their task status.

The Uniformed Services Employment and Reemployment Rights Act (USERRA), on the other hand, assurances certain defenses to present and former uniformed service members who may require to be absent from civilian work for a particular amount of time in order to serve in the armed forces.

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

Firing a staff member who took a leave of absence for the birth or adoption of their child without just cause

Demoting an employee 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 against a present or former service member who took a leave of lack to serve in the militaries

What Is Executive Compensation?

Executive settlement is the mix of base money settlement, postponed settlement, efficiency bonus offers, stock options, executive perks, severance packages, and more, awarded to top-level management staff members. Executive settlement packages have come under increased scrutiny by regulatory companies and investors alike. If you deal with a conflict during the settlement of your executive pay plan, our attorneys might have the ability to help you.

Why Should I Contact a Morgan & Morgan Employment Attorney?

The work and labor lawyers at Morgan & Morgan have effectively pursued countless labor and employment 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 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 someone you understand might have been dealt with improperly by an employer or another staff member, do not be reluctant to contact our workplace. To discuss your legal rights and options, submit our free, no-obligation case review form now.

What Does an Employment Attorney Do?

Documentation.
First, your appointed legal group will collect records connected to your claim, including your agreement, time sheets, and interactions by means of e-mail or other job-related platforms.
These documents will help your attorney understand the level of your claim and build your case for compensation.

Investigation.
Your attorney and legal team will examine your workplace claim in terrific detail to gather the necessary proof.
They will take a look at the files you offer and may likewise look at work records, agreements, and other work environment data.

Negotiation.
Your attorney will negotiate with the defense, outside of the courtroom, to assist 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 strongest possible kind.

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