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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 the many work litigation cases in the country, consisting of those involving wrongful termination, discrimination, harassment, wage theft, staff member misclassification, libel, retaliation, rejection of leave, and executive pay conflicts.

The workplace must be a safe location. Unfortunately, some workers are subjected to unfair and illegal conditions by unethical companies. Workers may not understand what their rights in the workplace are, or may hesitate of speaking up versus their employer in worry of retaliation. These labor violations can cause lost salaries and advantages, missed out on opportunities for improvement, and unnecessary tension.

Unfair and inequitable labor practices versus staff members can take many forms, including wrongful termination, discrimination, harassment, refusal to give 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 may be scared to speak out versus their company for worry of retaliation.

At Morgan & Morgan, our employment lawyers handle a range of civil litigation cases involving unreasonable labor practices versus employees. Our lawyers have the knowledge, dedication, and experience required to represent workers in a vast array of labor conflicts. In fact, Morgan & Morgan has been acknowledged for filing more labor and work cases than any other company.

If you believe you may have been the victim of unfair or unlawful treatment in the workplace, contact us by finishing our complimentary case evaluation type.

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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., Unwanted sexual advances, Hostile Workplace).

Unfair Labor Practices (e.g., rejection of salaries, overtime, suggestion pooling, and equivalent 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 employees are release for reasons that are unfair or illegal. This is termed wrongful termination, wrongful discharge, or wrongful termination.

There are many situations that may be grounds for a wrongful termination lawsuit, consisting of:

Firing a worker out of retaliation.

Discrimination.

Firing a whistleblower.

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

If you believe you may have been fired without appropriate cause, our labor and employment lawyers might have the ability to assist you recuperate back pay, unpaid salaries, and other types of settlement.

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

It is prohibited to victimize a task applicant or staff member on the basis of race, color, faith, sex, nationwide origin, impairment, or age. However, some employers do just that, causing a hostile and inequitable work environment where some employees are treated more positively than others.

Workplace discrimination can take many forms. Some examples include:

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

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

Not offering equal training opportunities for workers of various religious backgrounds.

Imposing job eligibility criteria that deliberately screens out individuals with disabilities.

Firing someone based upon a protected classification.

What Are Some Examples of Workplace Harassment?

When workers undergo slurs, assaults, threats, ridicule, offending jokes, unwelcome sexual advances, or spoken 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 workplace harassment consist of:

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

Telling a repulsive or sexual joke to a colleague.

Using slurs or racial epithets.

Making prejudicial declarations about a worker’s sexual preference.

Making unfavorable remarks about a staff member’s faiths.

Making prejudicial declarations about an employee’s birth place or family heritage.

Making unfavorable remarks or jokes about the age of a staff member over the age of 40.

Workplace harassment can also take the kind of quid professional quo harassment. This implies that the harassment leads to an intangible modification in a worker’s work status. For instance, a worker 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 certain 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 staff members.

However, some employers attempt to cut costs by rejecting 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 base pay.

Giving an employee “comp time” or hours that can be utilized toward getaway or sick time, rather than overtime spend for hours worked over 40 in a work week.

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

Forcing workers to pay 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 “supervisory” position without really altering the employee’s task duties.

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

IT workers.

Service technicians.

Installers.

Sales agents.

Nurses and healthcare workers.

Tipped employees.

Oil and gas field workers.

Call center employees.

Personal bankers, home loan brokers, and AMLs.

Retail staff members.

Strippers.

FedEx drivers.

Disaster relief workers.

Pizza shipment motorists.

What Is Employee Misclassification?

There are a variety of differences in between staff members and self-employed employees, likewise referred to as independent contractors or consultants. Unlike staff members, who are told when and where to work, guaranteed a routine wage amount, and entitled to staff member benefits, among other criteria, independent specialists usually work on a short-term, contract basis with an organization, and are invoiced for their work. Independent professionals are not entitled to employee advantages, and need to submit and keep their own taxes, also.

However, in current years, some companies have abused category by misclassifying bonafide employees as contractors in an attempt to conserve cash and circumvent laws. This is most commonly seen among “gig economy” workers, such as rideshare chauffeurs and shipment chauffeurs.

Some examples of misclassifications consist of:

Misclassifying an employee as an independent contractor to not need to abide by Equal Employment Opportunity Commission laws, which prevent employment discrimination.

Misclassifying an employee to prevent enrolling them in a health advantages prepare.

Misclassifying staff members to prevent paying minimum wage.

How Is Defamation of Character Defined?

Defamation is generally defined as the act of harming the reputation of a person through slanderous (spoken) or libelous (written) remarks. When character assassination occurs in the office, it has the prospective to harm team spirits, produce alienation, or even trigger long-term damage to an employee’s career potential customers.

Employers are accountable for putting a stop to damaging gossiping among staff members if it is a regular and recognized occurrence in the work environment. Defamation of character in the office might consist of circumstances such as:

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

A staff member spreading out a hazardous report about another worker that triggers them to be turned down for a task elsewhere

A worker dispersing gossip about an employee that causes other coworkers to prevent them

What Is Considered Employer Retaliation?

It is unlawful for a company to penalize a staff member for submitting a grievance or claim against their employer. This is thought about employer retaliation. Although employees are lawfully safeguarded versus retaliation, it does not stop some companies from penalizing a worker who filed a complaint in a variety of ways, such as:

Reducing the worker’s salary

Demoting the worker

Re-assigning the worker to a less-desirable task

Re-assigning the employee to a shift that produces a work-family conflict

Excluding the employee from important work environment 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 variety 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 must offer overdue leave time to staff members with a certifying household or private medical circumstance, such as leave for the birth or adoption of a baby or delegate take care of a spouse, child, or parent with a major health condition. If certified, workers are entitled to approximately 12 weeks of unpaid leave time under the FMLA without fear of threatening their job status.

The Uniformed Services Employment and Reemployment Rights Act (USERRA), on the other hand, guarantees certain protections to existing and former uniformed service members who may need to be absent from civilian work for a particular duration of time in order to serve in the armed forces.

Leave of absence can be unjustly denied in a variety of methods, including:

Firing a worker who took a leave of absence for the birth or adoption of their baby without just cause

Demoting a staff member who took a leave of absence to care for a passing away parent without simply cause

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

Retaliating versus a present or previous 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 settlement, deferred compensation, performance benefits, stock alternatives, executive advantages, severance packages, and more, granted to high-level management staff members. Executive compensation plans have come under increased analysis by regulatory agencies and shareholders alike. If you face a disagreement throughout the negotiation of your executive pay package, our attorneys might be able to assist you.

Why Should I Contact a Morgan & Morgan Employment Attorney?

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

In addition to our effective track record of representing victims of labor and employment claims, our labor attorneys also represent employees before administrative companies 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 someone you understand may have been dealt with improperly by a company or another employee, do not think twice to contact our office. To discuss your legal rights and options, fill out our free, no-obligation case evaluation kind now.

What Does an Employment Attorney Do?

Documentation.
First, referall.us your designated legal team will collect records associated with your claim, including your agreement, time sheets, and interactions via e-mail or other job-related platforms.
These documents will assist your lawyer comprehend the degree of your claim and develop your case for settlement.

Investigation.
Your attorney and legal group will investigate your workplace claim in fantastic detail to gather the essential evidence.
They will take a look at the documents you and might likewise look at work records, agreements, and other office data.

Negotiation.
Your attorney will negotiate with the defense, outside of the courtroom, to help get you the settlement you might be entitled to.
If settlement negotiations are not successful, your lawyer is prepared to go to trial and present your case in the strongest possible type.

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