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Labor And Employment Attorneys
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Mistreated on the Job?
Labor and Employment Attorneys
Rating Overview
Based on 55,000 Select Nationwide Reviews
– The Fee Is Free Unless You Win ®
. -America’s Largest Injury Law Firm ™.
– Protecting Families Since 1988.
– 25 Billion+ Won.
– 1,000+ Lawyers Nationwide.
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Were You Treated Unfairly While on the Job?
Morgan & Morgan’s employment lawyers submit one of the most work lawsuits cases in the country, consisting of those including wrongful termination, discrimination, harassment, wage theft, worker misclassification, disparagement, retaliation, rejection of leave, and executive pay disagreements.
The work environment must be a safe location. Unfortunately, some employees go through unjust and unlawful conditions by deceitful employers. Workers might not know what their rights in the work environment are, or may be scared of speaking out against their company in worry of retaliation. These labor violations can cause lost wages and benefits, missed chances for improvement, and unnecessary tension.
Unfair and discriminatory labor practices against workers can take numerous forms, consisting of wrongful termination, discrimination, harassment, rejection to provide a sensible accommodation, rejection of leave, company retaliation, and wage and hour offenses. Workers who are victim to these and other dishonest practices may not know their rights, or may hesitate to speak up versus their employer for fear of retaliation.
At Morgan & Morgan, our employment lawyers deal with a range of civil lawsuits cases including unreasonable labor practices versus staff members. Our attorneys possess the understanding, dedication, and experience required to represent employees in a wide variety of labor conflicts. In truth, Morgan & Morgan has been recognized for submitting more labor and employment cases than any other firm.
If you believe you might have been the victim of unfair or prohibited treatment in the workplace, contact us by completing our free case assessment type.
Find Out If You Are Eligible for a Labor and Employment Lawsuit
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If we handle the case, our group battles to get you the results you deserve.
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FAQ
Get the answer to commonly asked questions about our legal services and referall.us find out how we might assist 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., sex, race, color, harassment, national origin, faith, age, and special needs).
Harassment (e.g., Sexual Harassment, Hostile Workplace).
Unfair Labor Practices (e.g., denial of earnings, 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 release for reasons that are unreasonable or illegal. This is termed wrongful termination, wrongful discharge, or wrongful dismissal.
There are numerous scenarios that might be premises for a wrongful termination claim, including:
Firing an employee out of retaliation.
Discrimination.
Firing a whistleblower.
Firing an employee who won’t do something prohibited for their company.
If you think you may have been fired without correct cause, our labor and employment lawyers may be able to assist you recover back pay, unsettled earnings, and other forms of settlement.
What Are the Most Common Forms of Workplace Discrimination?
It is illegal to victimize a job applicant or employee on the basis of race, color, religious beliefs, sex, national origin, special needs, or age. However, some companies do simply that, causing a hostile and inequitable workplace where some employees are treated more favorably than others.
Workplace discrimination can take many forms. Some examples consist of:
Refusing to hire someone on the basis of their skin color.
Passing over a certified female worker for a promotion 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 intentionally evaluates out individuals with impairments.
Firing somebody based on a protected category.
What Are Some Examples of Workplace Harassment?
When employees are subjected to slurs, assaults, dangers, ridicule, offensive jokes, undesirable sexual advances, or verbal or physical conduct of a sexual nature, it can be considered workplace harassment. Similar to workplace discrimination, workplace harassment produces a hostile and violent workplace.
Examples of work environment harassment consist of:
Making unwelcome comments 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 an employee’s sexual orientation.
Making unfavorable comments about a staff member’s religions.
Making prejudicial statements about a staff member’s birthplace or household heritage.
Making unfavorable remarks or jokes about the age of a worker over the age of 40.
Workplace harassment can likewise take the type of quid professional quo harassment. This implies that the harassment results in an intangible change in a staff member’s work status. For example, an employee might be forced to tolerate sexual harassment from a supervisor 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) established specific employees’ rights, consisting of 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 employees.
However, some companies attempt to cut expenses by denying workers their rightful pay through deceiving methods. This is called wage theft, and consists of examples such as:
Paying an employee less than the federal minimum wage.
Giving an employee “comp time” or hours that can be used toward trip or sick 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 managers or cooks.
Forcing workers to spend for tools of the trade or other expenses that their employer must pay.
Misclassifying a worker that should be paid overtime as “exempt” by promoting them to a “managerial” position without really changing the worker’s task responsibilities.
Some of the most vulnerable occupations to overtime and minimum wage infractions consist of:
IT employees.
Service service technicians.
Installers.
Sales representatives.
Nurses and healthcare employees.
Tipped staff members.
Oil and gas field employees.
Call center employees.
Personal lenders, mortgage brokers, and AMLs.
Retail staff members.
Exotic dancers.
FedEx chauffeurs.
Disaster relief workers.
Pizza delivery chauffeurs.
What Is Employee Misclassification?
There are a variety of differences between workers and self-employed workers, likewise referred to as independent professionals or consultants. Unlike employees, who are told when and where to work, ensured a regular wage quantity, and entitled to worker advantages, amongst other criteria, independent professionals usually deal with a short-term, contract basis with a business, and are invoiced for their work. Independent professionals are not entitled to staff member advantages, and should submit and keep their own taxes, also.
However, in recent years, some companies have abused category by misclassifying bonafide staff members as contractors in an attempt to conserve money and circumvent laws. This is most typically seen among “gig economy” employees, such as rideshare drivers and delivery drivers.
Some examples of misclassifications include:
Misclassifying an employee as an independent professional to not have to adhere to Equal Employment Opportunity Commission laws, which prevent employment discrimination.
Misclassifying an employee to prevent enrolling them in a health advantages plan.
Misclassifying staff members to avoid paying base pay.
How Is Defamation of Character Defined?
Defamation is usually defined as the act of damaging the track record of an individual through slanderous (spoken) or false (written) comments. When defamation occurs in the workplace, it has the prospective to harm group spirits, produce alienation, and even cause long-lasting damage to a worker’s career potential customers.
Employers are accountable for stopping hazardous gossiping among workers if it is a regular and known occurrence in the work environment. Defamation of character in the office might include instances such as:
A company making damaging and unproven allegations, such as claims of theft or incompetence, towards a staff member during an efficiency review
An employee spreading out a hazardous rumor about another worker that triggers them to be denied for a task elsewhere
A staff member dispersing gossip about an employee that causes other coworkers to prevent them
What Is Considered Employer Retaliation?
It is unlawful for a business to penalize a staff member for filing a grievance or claim against their company. This is considered company retaliation. Although workers are lawfully secured against retaliation, it doesn’t stop some employers from a worker 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 develops a work-family conflict
Excluding the employee from necessary office activities such as training sessions
What If a Business Denies a Leave of Absence?
While leave of absence laws vary from state to state, there are a number of federally mandated laws that safeguard employees who must take an extended duration of time off from work.
Under the Family Medical Leave Act (FMLA), companies should offer overdue leave time to workers with a qualifying family or private medical circumstance, such as leave for the birth or adoption of a baby or leave to take care of a spouse, child, or parent with a major health condition. If certified, employees are entitled to approximately 12 weeks of overdue leave time under the FMLA without fear of endangering their job status.
The Uniformed Services Employment and Reemployment Rights Act (USERRA), on the other hand, guarantees particular securities to present and former uniformed service members who may need to be missing from civilian work for a particular time period in order to serve in the militaries.
Leave of lack can be unfairly rejected in a number of methods, including:
Firing an employee who took a leave of lack for the birth or adoption of their baby without simply cause
Demoting a staff member who took a leave of lack to look after a dying parent without simply cause
Firing a re-employed service member who took a leave of absence to serve in the militaries without just cause
Retaliating versus an existing 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 cash compensation, deferred settlement, efficiency bonus offers, stock choices, executive perks, severance packages, and more, awarded to high-level management staff members. Executive settlement plans have come under increased examination by regulatory companies and investors alike. If you face a conflict during the settlement of your executive pay plan, our attorneys may be able to help you.
Why Should I Contact a Morgan & Morgan Employment Attorney?
The employment and labor lawyers at Morgan & Morgan have successfully pursued thousands of labor and employment claims for the individuals who need it most.
In addition to our successful track record of representing victims of labor and work claims, our labor attorneys likewise represent staff members before administrative agencies 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 hesitate to call our workplace. To discuss your legal rights and choices, complete our complimentary, no-obligation case review type now.
What Does an Employment Attorney Do?
Documentation.
First, your designated legal team will collect records related to your claim, including your agreement, time sheets, and interactions through e-mail or other work-related platforms.
These files will help your lawyer understand the degree of your claim and construct your case for payment.
Investigation.
Your attorney and legal team will examine your office claim in fantastic information to gather the needed proof.
They will look at the files you supply and may likewise look at employment records, agreements, and other work environment information.
Negotiation.
Your lawyer will negotiate with the defense, outside of the courtroom, to help get you the settlement 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 form.
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