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Labor and Employment Attorneys

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Were You Treated Unfairly While on the Job?

Morgan & Morgan’s employment attorneys submit one of the most employment lawsuits cases in the nation, consisting of those including wrongful termination, discrimination, harassment, wage theft, employee misclassification, defamation, retaliation, denial of leave, and executive pay disputes.

The office must be a safe place. Unfortunately, some workers undergo unfair and illegal conditions by unethical employers. Workers might not understand what their rights in the office are, or job might hesitate of speaking up against their company in worry of retaliation. These labor offenses can lead to lost salaries and advantages, missed chances for advancement, and unnecessary tension.

Unfair and prejudiced labor practices versus workers can take many types, including wrongful termination, discrimination, harassment, refusal to give a sensible lodging, denial of leave, company retaliation, and wage and hour violations. Workers who are victim to these and other unethical practices might not know their rights, or might be afraid to speak up versus their company for worry of retaliation.

At Morgan & Morgan, our work lawyers deal with a range of civil lawsuits cases including unreasonable labor practices against employees. Our attorneys possess the knowledge, dedication, and experience required to represent workers in a wide variety of labor disagreements. In reality, Morgan & Morgan has actually been recognized for filing more labor and work cases than any other company.

If you think you may have been the victim of unfair or prohibited treatment in the workplace, call us by finishing our free case assessment type.

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FAQ

Get answers to frequently asked concerns about our legal services and discover how we might 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., job sex, race, color, harassment, national origin, religious beliefs, age, and impairment).

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

Unfair Labor Practices (e.g., rejection of earnings, overtime, idea pooling, and equal 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 unreasonable or illegal. This is termed wrongful termination, wrongful discharge, or wrongful termination.

There are numerous scenarios that may be premises for a wrongful termination suit, consisting of:

Firing a staff member out of retaliation.

Discrimination.

Firing a whistleblower.

Firing a staff member who won’t do something prohibited for their company.

If you think you may have been fired without appropriate cause, our labor and employment lawyers might be able to assist you recover back pay, unpaid salaries, and other kinds of payment.

What Are the Most Common Forms of Workplace Discrimination?

It is illegal to discriminate versus a job applicant or employee on the basis of race, color, religion, sex, national origin, special needs, or age. However, some employers do simply that, resulting in a hostile and inequitable workplace where some employees are dealt with more favorably than others.

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

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

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

Not supplying equal training chances for workers of various religious backgrounds.

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

Firing someone based on a safeguarded classification.

What Are Some Examples of Workplace Harassment?

When employees undergo slurs, assaults, dangers, ridicule, job 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, office harassment creates a hostile and violent work environment.

Examples of work environment harassment consist of:

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

Telling a repulsive or sexual joke to a colleague.

Using slurs or racial epithets.

Making prejudicial declarations about an employee’s sexual preference.

Making unfavorable remarks about a worker’s spiritual beliefs.

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

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

Workplace harassment can likewise take the type of quid professional quo harassment. This means that the harassment leads to an intangible modification in an employee’s employment status. For example, a staff member may be required to endure sexual harassment from a manager as a condition of their continued work.

Which Industries Have one of the most Overtime and Minimum Wage Violations?

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

However, some companies attempt to cut expenses by rejecting workers their rightful pay through deceiving techniques. This is called wage theft, and includes examples such as:

Paying an employee less than the federal base pay.

Giving a worker “comp time” or hours that can be utilized towards vacation or ill time, rather than overtime spend for hours worked over 40 in a work week.

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

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

Misclassifying a worker that ought to be paid overtime as “exempt” by promoting them to a “supervisory” position without actually changing the worker’s task responsibilities.

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

IT workers.

Service professionals.

Installers.

Sales agents.

Nurses and healthcare workers.

Tipped employees.

Oil and gas field workers.

Call center workers.

Personal lenders, mortgage brokers, and AMLs.

Retail staff members.

Exotic dancers.

FedEx chauffeurs.

Disaster relief workers.

Pizza delivery motorists.

What Is Employee Misclassification?

There are a number of distinctions in between staff members and self-employed employees, also understood as independent professionals or consultants. Unlike employees, who are informed when and where to work, guaranteed a regular wage amount, and entitled to staff member advantages, among other criteria, independent contractors usually deal with a short-term, contract basis with an organization, and are invoiced for their work. Independent specialists are not entitled to employee advantages, and should submit and keep their own taxes, also.

However, in current years, some companies have actually abused category by misclassifying bonafide employees as contractors in an effort to conserve money and prevent laws. This is most typically seen amongst “gig economy” workers, such as rideshare chauffeurs and delivery chauffeurs.

Some examples of misclassifications include:

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

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

Misclassifying employees to avoid paying out base pay.

How Is Defamation of Character Defined?

Defamation is usually defined as the act of harming the reputation of a person through slanderous (spoken) or libelous (written) comments. When libel occurs in the office, it has the possible to harm team morale, produce alienation, and even cause long-lasting damage to a worker’s profession potential customers.

Employers are accountable for putting a stop to amongst staff members if it is a regular and known incident in the work environment. Defamation of character in the workplace might include instances such as:

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

An employee spreading out a damaging rumor about another employee that causes them to be refused for a job in other places

An employee spreading gossip about a worker that triggers other colleagues to prevent them

What Is Considered Employer Retaliation?

It is illegal for a company to penalize an employee for filing a problem or lawsuit against their company. This is thought about company retaliation. Although employees are lawfully secured versus retaliation, it doesn’t stop some companies from penalizing a worker who filed a grievance in a range of ways, such as:

Reducing the employee’s salary

Demoting the worker

Re-assigning the worker to a less-desirable task

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

Excluding the worker from essential workplace 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 number of federally mandated laws that safeguard staff members who should take a prolonged amount of time off from work.

Under the Family Medical Leave Act (FMLA), companies must use overdue leave time to staff members with a qualifying family or specific medical scenario, such as leave for the birth or adoption of a child or delegate take care of a partner, child, or moms and dad with a severe health condition. If qualified, employees are entitled to as much as 12 weeks of unpaid leave time under the FMLA without worry of jeopardizing their job status.

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

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

Firing an employee who took a leave of absence for the birth or adoption of their baby without simply cause

Demoting a worker who took a leave of lack to take care of a passing away moms and dad without just cause

Firing a re-employed service member who took a leave of absence to serve in the armed forces without just cause

Retaliating versus an existing or former service member who took a leave of absence to serve in the militaries

What Is Executive Compensation?

Executive payment is the mix of base cash compensation, delayed settlement, performance perks, stock choices, job executive advantages, severance plans, and job more, granted to high-level management employees. Executive compensation packages have actually come under increased examination by regulative firms and shareholders alike. If you face a conflict during the negotiation of your executive pay plan, our attorneys might be able to help you.

Why Should I Contact a Morgan & Morgan Employment Attorney?

The employment and labor lawyers at Morgan & Morgan have effectively pursued thousands of labor and employment claims for individuals who need it most.

In addition to our effective track record of representing victims of labor and employment claims, our labor lawyers likewise represent employees 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 someone you understand might have been treated improperly by an employer or another employee, do not be reluctant to contact our office. To discuss your legal rights and choices, complete our complimentary, no-obligation case review kind now.

What Does a Work Attorney Do?

Documentation.
First, your assigned legal group will collect records related to your claim, including your contract, time sheets, and communications via e-mail or other job-related platforms.
These documents will assist your lawyer comprehend the extent of your claim and develop your case for compensation.

Investigation.
Your attorney and legal group will investigate your work environment claim in fantastic detail to collect the required evidence.
They will take a look at the files you provide and may also look at work records, job contracts, and other workplace information.

Negotiation.
Your lawyer will negotiate with the defense, outside of the courtroom, to assist get you the settlement you might be entitled to.
If settlement negotiations are unsuccessful, your lawyer is prepared to go to trial and present your case in the greatest possible form.

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