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Labor and Employment Attorneys

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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, including those including wrongful termination, discrimination, harassment, wage theft, staff member misclassification, character assassination, retaliation, rejection of leave, and executive pay disputes.

The workplace should be a safe place. Unfortunately, some employees are subjected to unfair and prohibited conditions by unethical companies. Workers might not know what their rights in the workplace are, or might hesitate of speaking out against their company in worry of retaliation. These labor infractions can lead to lost incomes and advantages, missed out on chances for development, and undue stress.

Unfair and inequitable labor practices against employees can take many types, consisting of wrongful termination, discrimination, harassment, refusal to provide a reasonable accommodation, rejection of leave, company retaliation, and wage and hour infractions. Workers who are victim to these and other unethical practices may not know their rights, or might hesitate to speak out versus their employer for fear of retaliation.

At Morgan & Morgan, our employment attorneys deal with a range of civil litigation cases including unfair labor practices against workers. Our attorneys possess the understanding, devotion, and experience required to represent employees in a vast array of labor disagreements. In fact, Morgan & Morgan has been recognized for submitting more labor and employment cases than any other firm.

If you think you may have been the victim of unjust or prohibited treatment in the work environment, call us by finishing our totally free case examination type.

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FAQ

Get the answer to commonly asked questions about our legal services and learn how we may assist you with your case.

What Does Labor Law and employment Employment Law Cover?

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

Wrongful Termination.

Discrimination (e.g., sex, race, color, harassment, national origin, religious beliefs, age, and special needs).

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

Unfair Labor Practices (e.g., rejection 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 declares.

Executive Pay Disputes.

What Constitutes Wrongful Termination?

Sometimes workers are let go for factors that are unreasonable or illegal. This is called wrongful termination, wrongful discharge, or wrongful termination.

There are lots of scenarios that might be grounds for a wrongful termination lawsuit, employment consisting of:

Firing an employee out of retaliation.

Discrimination.

Firing a whistleblower.

Firing an employee who won’t do something unlawful for their company.

If you believe you may have been fired without correct cause, employment our labor and employment attorneys may be able to help you recuperate back pay, unpaid earnings, and other forms of payment.

What Are the Most Common Forms of Workplace Discrimination?

It is unlawful to victimize a task applicant or worker on the basis of race, color, faith, sex, national origin, impairment, employment or age. However, some companies do simply that, causing a hostile and inequitable office where some workers are dealt with more favorably than others.

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

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

Passing over a qualified female employee for a promotion in favor of a male employee with less experience.

Not providing equal training chances for workers of different religious backgrounds.

Imposing job eligibility requirements that intentionally evaluates out individuals with impairments.

Firing somebody based upon a protected category.

What Are Some Examples of Workplace Harassment?

When employees are subjected to slurs, assaults, hazards, ridicule, offensive jokes, unwanted sexual advances, or verbal or physical conduct of a sexual nature, it can be thought about workplace harassment. Similar to workplace discrimination, work environment harassment develops a hostile and abusive work environment.

Examples of workplace harassment include:

Making unwelcome remarks about a worker’s look or body.

Telling a repulsive or sexual joke to a coworker.

Using slurs or racial epithets.

Making prejudicial statements about an employee’s sexual orientation.

Making unfavorable comments about a staff member’s faiths.

Making prejudicial statements about an employee’s birthplace or family heritage.

Making negative remarks or jokes about the age of a worker over the age of 40.

Workplace harassment can likewise take the type of quid pro quo harassment. This suggests that the harassment results in an intangible modification in a worker’s employment status. For instance, an employee might be forced to endure unwanted sexual advances from a manager as a condition of their continued work.

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

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

However, some companies attempt to cut expenses by denying employees their rightful pay through deceiving methods. 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 used toward holiday or sick time, instead of overtime pay for hours worked over 40 in a work week.

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

Forcing workers to pay for tools of the trade or other expenses that their employer should pay.

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

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

IT employees.

Service service technicians.

Installers.

Sales agents.

Nurses and health care employees.

Tipped employees.

Oil and gas field workers.

Call center workers.

Personal bankers, mortgage brokers, and AMLs.

Retail staff members.

Strippers.

FedEx drivers.

Disaster relief employees.

Pizza shipment drivers.

What Is Employee Misclassification?

There are a number of differences between employees and self-employed workers, likewise referred to as independent professionals or experts. Unlike workers, who are informed when and where to work, ensured a routine wage quantity, and entitled to staff member benefits, among other criteria, independent contractors generally deal with a short-term, agreement basis with a company, and are invoiced for their work. Independent professionals are not entitled to staff member advantages, and need to file and withhold their own taxes, employment as well.

However, in recent years, some employers have abused classification by misclassifying bonafide employees as contractors in an attempt to save cash and circumvent laws. This is most frequently seen among “gig economy” employees, such as rideshare drivers and shipment chauffeurs.

Some examples of misclassifications include:

Misclassifying an employee as an independent professional to not need to comply with Opportunity Commission laws, which prevent employment discrimination.

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

Misclassifying workers to avoid paying base pay.

How Is Defamation of Character Defined?

Defamation is generally specified as the act of damaging the credibility of an individual through slanderous (spoken) or libelous (written) comments. When defamation occurs in the work environment, it has the prospective to damage team morale, create alienation, and even trigger long-term damage to an employee’s career potential customers.

Employers are responsible for stopping harmful gossiping amongst staff members if it is a routine and known incident in the office. Defamation of character in the office might consist of instances such as:

A company making harmful and unproven allegations, such as claims of theft or incompetence, toward a worker throughout a performance review

A worker spreading a damaging report about another staff member that causes them to be declined for a task elsewhere

A staff member spreading gossip about a worker that triggers other colleagues to avoid them

What Is Considered Employer Retaliation?

It is prohibited for a business to penalize a worker for submitting a grievance or lawsuit versus their company. This is considered company retaliation. Although employees are legally secured versus retaliation, it does not stop some companies from penalizing a worker who submitted a complaint in a range of ways, such as:

Reducing the employee’s salary

Demoting the employee

Re-assigning the employee to a less-desirable task

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

Excluding the worker from vital office activities such as training sessions

What If a Business Denies a Leave of Absence?

While leave of absence laws differ from one state to another, there are a number of federally mandated laws that secure employees who must take a prolonged duration of time off from work.

Under the Family Medical Leave Act (FMLA), employers need to use unsettled leave time to workers with a qualifying family or specific medical circumstance, such as leave for the birth or adoption of an infant or delegate take care of a partner, kid, or moms and dad with a serious health condition. If certified, staff members are entitled to as much as 12 weeks of unsettled 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, warranties specific securities to present and previous uniformed service members who might need to be absent from civilian work for a particular period of time in order to serve in the militaries.

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

Firing a staff member who took a leave of lack for the birth or adoption of their baby without simply cause

Demoting an employee who took a leave of lack to take care of a passing away parent without just cause

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

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

What Is Executive Compensation?

Executive compensation is the combination of base money payment, deferred compensation, performance perks, stock options, executive benefits, severance plans, and more, granted to top-level management staff members. Executive settlement plans have actually come under increased examination by regulative firms and investors alike. If you face a conflict throughout the settlement of your executive pay bundle, our attorneys might be able to help you.

Why Should I Contact a Morgan & Morgan Employment Attorney?

The work and labor lawyers at Morgan & Morgan have successfully pursued countless labor and employment claims for individuals who need it most.

In addition to our effective track record of representing victims of labor and work claims, our labor lawyers also represent workers before administrative companies 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 someone you know may have been dealt with poorly by an employer or another worker, do not think twice to contact our workplace. To discuss your legal rights and alternatives, submit our totally free, no-obligation case review type now.

What Does a Work Attorney Do?

Documentation.
First, your assigned legal group will gather records related to your claim, including your contract, time sheets, and communications through email or other job-related platforms.
These documents will assist your lawyer comprehend the level of your claim and build your case for compensation.

Investigation.
Your lawyer and legal group will examine your work environment claim in great information to gather the needed evidence.
They will take a look at the documents you offer 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 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 strongest possible form.

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