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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 submit one of the most work litigation cases in the nation, including those involving wrongful termination, discrimination, harassment, wage theft, employee misclassification, libel, retaliation, denial of leave, and executive pay conflicts.

The work environment ought to be a safe location. Unfortunately, some employees go through unfair and prohibited conditions by unscrupulous companies. Workers may not understand what their rights in the workplace are, or may be afraid of speaking up versus their employer in fear of retaliation. These labor infractions can cause lost earnings and advantages, missed out on chances for development, and excessive stress.

Unfair and inequitable labor practices versus staff members can take many kinds, including wrongful termination, discrimination, harassment, rejection to offer an affordable lodging, denial of leave, employer retaliation, and wage and hour offenses. Workers who are victim to these and other unethical practices might not understand their rights, or may hesitate to speak out versus their company for worry of retaliation.

At Morgan & Morgan, our work attorneys deal with a variety of civil lawsuits cases including unreasonable labor employment practices versus staff members. Our attorneys have the knowledge, commitment, and experience needed to represent workers in a large range of labor conflicts. In fact, Morgan & Morgan has actually been recognized for filing more labor and employment cases than any other company.

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

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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., sex, race, color, harassment, national origin, religion, age, and impairment).

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 declares.

Executive Pay Disputes.

What Constitutes Wrongful Termination?

Sometimes workers are let go for reasons that are unfair or unlawful. This is termed wrongful termination, wrongful discharge, or wrongful termination.

There are lots of scenarios 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 won’t do something unlawful for their employer.

If you believe you may have been fired without proper cause, our labor and work attorneys might have the ability to assist you recover back pay, overdue wages, and other types of settlement.

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

It is unlawful to victimize a job applicant or staff member on the basis of race, color, religion, sex, national origin, special needs, or age. However, some employers do just that, resulting in a hostile and inequitable workplace where some workers are treated more positively than others.

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

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

Passing over a certified female employee for a promo in favor of a male employee with less experience.

Not supplying equal training opportunities for staff members of different religious backgrounds.

Imposing job eligibility criteria that deliberately screens out individuals with specials needs.

Firing someone based on a protected classification.

What Are Some Examples of Workplace Harassment?

When workers undergo slurs, attacks, hazards, ridicule, offending jokes, unwanted sexual advances, or spoken or physical conduct of a sexual nature, it can be considered workplace harassment. Similar to workplace discrimination, work environment harassment develops a hostile and violent work environment.

Examples of workplace harassment include:

Making unwanted remarks about a worker’s appearance or body.

Telling a vulgar or sexual joke to a coworker.

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 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 professional quo harassment. This indicates that the harassment leads to an intangible change in a worker’s work status. For example, an employee might be forced to tolerate unwanted sexual advances from a supervisor as a condition of their continued employment.

Which Industries Have the Most Overtime and Base Pay Violations?

The Fair Labor Standards Act (FLSA) developed specific workers‘ rights, consisting of the right to a minimum wage (set federally at $7.25 since 2020) and overtime spend for all hours worked over 40 in a workweek for non-exempt staff members.

However, some employers 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 an employee less than the federal base pay.

Giving a worker „comp time“ or hours that can be utilized toward holiday or sick time, instead of overtime spend for hours worked over 40 in a work week.

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

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

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

Some of the most vulnerable professions to overtime and minimum wage offenses consist of:

IT employees.

Service service technicians.

Installers.

Sales agents.

Nurses and healthcare employees.

Tipped staff members.

Oil and gas field employees.

Call center workers.

Personal bankers, home mortgage brokers, and AMLs.

Retail staff members.

Strippers.

FedEx motorists.

Disaster relief employees.

Pizza shipment chauffeurs.

What Is Employee Misclassification?

There are a number of differences between staff members and self-employed employees, likewise referred to as independent specialists or specialists. Unlike staff members, who are informed when and where to work, ensured a regular wage amount, employment and entitled to worker benefits, amongst other criteria, independent contractors usually work on a short-term, contract basis with a service, and are invoiced for their work. Independent professionals are not entitled to employee benefits, and need to submit and employment withhold their own taxes, as well.

However, over the last few years, some companies have actually abused classification by misclassifying bonafide workers as contractors in an attempt to save cash and circumvent laws. This is most commonly seen amongst „gig economy“ workers, such as rideshare motorists and delivery drivers.

Some examples of misclassifications consist of:

Misclassifying an employee as an independent specialist to not need to adhere to Equal Employment Opportunity Commission laws, which avoid employment discrimination.

Misclassifying an employee to prevent registering them in a health benefits plan.

Misclassifying employees to avoid paying minimum wage.

How Is Defamation of Character Defined?

Defamation is typically defined as the act of damaging the track record of a person through slanderous (spoken) or defamatory (written) remarks. When character assassination takes place in the work environment, it has the potential to damage team morale, create alienation, or perhaps trigger long-term damage to a worker’s profession prospects.

Employers are accountable for stopping hazardous gossiping amongst workers if it is a regular and recognized occurrence in the office. Defamation of character in the workplace may include instances such as:

A company making damaging and unproven allegations, such as claims of theft or incompetence, toward a staff member during an efficiency evaluation

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

A staff member spreading chatter about an employee that triggers other coworkers to prevent them

What Is Considered Employer Retaliation?

It is unlawful for a company to punish a staff member for submitting a problem or claim against their company. This is considered employer retaliation. Although employees are lawfully protected against retaliation, it doesn’t stop some employers from penalizing a staff member who filed a problem in a range of methods, such as:

Reducing the worker’s wage

Demoting the worker

Re-assigning the worker to a less-desirable job

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

Excluding the employee from important workplace activities such as training sessions

What If a Company Denies a Leave of Absence?

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

Under the Family Medical Leave Act (FMLA), companies should provide unsettled leave time to employees with a certifying family or private medical situation, such as leave for the birth or adoption of a baby or leave to care for a partner, kid, or parent with a serious health condition. If qualified, employees are entitled to up to 12 weeks of unsettled leave time under the FMLA without fear of jeopardizing their task status.

The Uniformed Services Employment and Reemployment Rights Act (USERRA), employment on the other hand, guarantees specific protections to existing and previous uniformed service members who might need to be missing from civilian employment for a certain duration of time in order to serve in the militaries.

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 infant without just cause

Demoting an employee who took a leave of lack to look after a dying parent without just cause

Firing a re-employed service member who took a leave of lack to serve in the militaries without simply cause

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

What Is Executive Compensation?

Executive payment is the mix of base money payment, deferred compensation, efficiency bonuses, stock choices, executive perks, severance plans, and more, granted to high-level management staff members. Executive compensation packages have come under increased scrutiny by regulative agencies and investors alike. If you face a dispute throughout the negotiation of your executive pay plan, our attorneys might have the ability to assist you.

Why Should I Contact a Morgan & Morgan Employment Attorney?

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

In addition to our effective performance history of representing victims of labor and work claims, our labor lawyers also represent employees 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 worker, do not be reluctant to call our office. To discuss your legal rights and choices, submit our complimentary, no-obligation case review type now.

What Does an Employment Attorney Do?

Documentation.
First, your appointed legal group will collect records related to your claim, including your agreement, time sheets, and communications by means of email or other job-related platforms.
These documents will assist your lawyer comprehend the degree of your claim and construct your case for payment.

Investigation.
Your lawyer and legal group will examine your work environment claim in excellent information to gather the required proof.
They will take a look at the documents you offer and may likewise take a look at employment records, contracts, and other office information.

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

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