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Labor and Employment Attorneys

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– Protecting Families Since 1988.

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Were You Treated Unfairly While on the Job?

Morgan & Morgan’s work attorneys file the a lot of employment lawsuits cases in the nation, consisting of those including wrongful termination, discrimination, harassment, wage theft, worker misclassification, defamation, retaliation, rejection of leave, and executive pay disagreements.

The work environment needs to be a safe location. Unfortunately, some employees are subjected to unreasonable and illegal conditions by deceitful employers. Workers may not understand what their rights in the office are, or might hesitate of speaking up versus their company in worry of retaliation. These labor infractions can cause lost salaries and advantages, missed opportunities for improvement, and undue tension.

Unfair and prejudiced labor practices against employees can take lots of forms, consisting of wrongful termination, discrimination, harassment, refusal to provide an affordable lodging, denial of leave, employer 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 up against their company for fear of retaliation.

At Morgan & Morgan, our employment lawyers handle a range of civil litigation cases including unjust labor practices against staff members. Our lawyers possess the knowledge, dedication, and experience needed to represent employees in a large range of labor employment disagreements. In reality, Morgan & Morgan has been acknowledged for filing more labor and work cases than any other firm.

If you think you may have been the victim of unfair or unlawful treatment in the workplace, contact us by completing our totally free case examination kind.

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What Does Labor Law and Employment Law Cover?

Our practice represents people who have been the victim of:

Wrongful Termination.

Discrimination (e.g., sex, race, color, harassment, nationwide origin, religion, age, and impairment).

Harassment (e.g., Unwanted sexual advances, Hostile Workplace).

Unfair Labor Practices (e.g., denial of wages, 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 claims.

Executive Pay Disputes.

What Constitutes Wrongful Termination?

Sometimes workers are release for factors that are unreasonable or prohibited. This is termed wrongful termination, wrongful discharge, or wrongful dismissal.

There are many circumstances that may be premises for a wrongful termination claim, consisting of:

Firing an employee out of retaliation.

Discrimination.

Firing a whistleblower.

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

If you think you might have been fired without appropriate cause, our labor and employment attorneys might have the ability to assist you recover back pay, unsettled salaries, and other kinds of settlement.

What Are the Most Common Forms of Workplace Discrimination?

It is unlawful to discriminate against a job applicant or staff member on the basis of race, color, religious beliefs, sex, nationwide origin, special needs, or age. However, some employers do just that, leading to a hostile and inequitable work environment where some employees are treated more favorably than others.

Workplace discrimination can take lots of kinds. 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 worker with less experience.

Not providing equal training opportunities for employees of various religious backgrounds.

Imposing task eligibility criteria that deliberately evaluates out people with disabilities.

Firing somebody based on a secured category.

What Are Some Examples of Workplace Harassment?

When workers are subjected to slurs, assaults, hazards, ridicule, offending jokes, undesirable sexual advances, or verbal or physical conduct of a sexual nature, it can be considered workplace harassment. Similar to workplace discrimination, office harassment produces a hostile and abusive workplace.

Examples of workplace harassment consist of:

Making unwelcome remarks about an employee’s look or body.

Telling a repulsive or sexual joke to a colleague.

Using slurs or racial epithets.

Making prejudicial statements about a worker’s sexual preference.

Making unfavorable remarks about a worker’s religious beliefs.

Making prejudicial statements about a worker’s birthplace or household heritage.

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

Workplace harassment can also take the form of quid professional quo harassment. This suggests that the harassment leads to an intangible modification in a worker’s employment status. For example, a staff member may be forced to tolerate unwanted sexual advances from a manager as a condition of their continued employment.

Which Industries Have the Most Overtime and Minimum Wage Violations?

The Fair Labor Standards Act (FLSA) developed specific workers’ 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 denying employees their rightful pay through deceiving 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 holiday or sick time, rather than overtime pay for hours worked over 40 in a work week.

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

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

Misclassifying an employee that must be paid overtime as “exempt” by promoting them to a “supervisory” position without actually altering the employee’s task duties.

A few of the most susceptible professions to overtime and minimum wage violations include:

IT employees.

Service professionals.

Installers.

Sales representatives.

Nurses and healthcare employees.

Tipped workers.

Oil and gas field employees.

Call center employees.

Personal lenders, home loan brokers, and AMLs.

Retail employees.

Exotic dancers.

FedEx drivers.

Disaster relief employees.

Pizza delivery drivers.

What Is Employee Misclassification?

There are a variety of differences in between staff members and self-employed workers, also referred to as independent specialists or specialists. Unlike employees, who are informed when and where to work, guaranteed a regular wage amount, and entitled to staff member benefits, amongst other requirements, independent specialists generally work on a short-term, agreement basis with a company, and employment are invoiced for their work. Independent professionals are not entitled to staff member advantages, and need to file and withhold their own taxes, as well.

However, recently, some companies have actually abused category by misclassifying bonafide staff members as professionals in an attempt to conserve cash and circumvent laws. This is most commonly seen among “gig economy” employees, such as rideshare motorists and shipment drivers.

Some examples of misclassifications consist of:

Misclassifying an employee as an independent professional to not have to abide by Equal Employment Opportunity Commission laws, which avoid employment discrimination.

Misclassifying an employee to avoid registering them in a health advantages prepare.

Misclassifying employees to prevent paying base pay.

How Is Defamation of Character Defined?

Defamation is typically specified as the act of damaging the reputation of an individual through slanderous (spoken) or defamatory (written) remarks. When defamation happens in the work environment, it has the possible to hurt team spirits, produce alienation, or perhaps trigger long-term damage to a worker’s career prospects.

Employers are accountable for putting a stop to damaging gossiping amongst workers if it is a routine and recognized event in the workplace. Defamation of character in the office may consist of circumstances such as:

An employer making hazardous and unfounded accusations, such as claims of theft or incompetence, toward an employee during a performance review

An employee spreading out a harmful rumor about another staff member that triggers them to be rejected for a job in other places

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

What Is Considered Employer Retaliation?

It is illegal for a company to punish a staff member for submitting a complaint or suit versus their employer. This is thought about company retaliation. Although employees are legally secured against retaliation, it doesn’t stop some companies from punishing a staff member who submitted a problem in a range of ways, such as:

Reducing the employee’s wage

Demoting the employee

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 necessary office 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 secure staff members who should take a prolonged amount of time off from work.

Under the Family Medical Leave Act (FMLA), employers must provide unpaid leave time to employees with a qualifying family or private medical scenario, such as leave for employment the birth or adoption of a child or leave to take care of a spouse, kid, or parent with a major health condition. If certified, workers are entitled to approximately 12 weeks of overdue leave time under the FMLA without worry of endangering their task status.

The Uniformed Services Employment and Reemployment Rights Act (USERRA), on the other hand, warranties particular securities to existing and previous uniformed service members who might need to be absent from civilian work for a particular time period in order to serve in the militaries.

Leave of lack can be unfairly denied in a number of ways, including:

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

Demoting a worker who took a leave of lack to care for a dying parent 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 previous service member who took a leave of lack to serve in the armed forces

What Is Executive Compensation?

Executive payment is the combination of base money payment, deferred compensation, performance bonuses, stock options, executive benefits, severance packages, and more, granted to high-level management workers. Executive settlement packages have come under increased scrutiny by regulatory agencies and investors alike. If you deal with a dispute throughout the negotiation of your executive pay plan, our lawyers may have the ability 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 individuals who need it most.

In addition to our successful performance history of representing victims of labor and employment work claims, our labor lawyers also represent workers 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 somebody you understand may have been treated improperly by a company or another employee, do not hesitate to call our office. To discuss your legal rights and options, fill out our free, no-obligation case review kind now.

What Does a Work Attorney Do?

Documentation.
First, your appointed legal team will collect records connected to your claim, including your agreement, time sheets, and communications through email or other job-related platforms.
These files will help your attorney comprehend the extent of your claim and construct your case for compensation.

Investigation.
Your lawyer and legal team will investigate your workplace claim in terrific detail to collect the necessary proof.
They will take a look at the documents you offer and might also look at work records, contracts, and other office information.

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 not successful, your lawyer is prepared to go to trial and present your case in the greatest possible kind.

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