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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 the most employment litigation cases in the nation, including those involving wrongful termination, discrimination, harassment, wage theft, employee misclassification, libel, retaliation, denial of leave, and executive pay conflicts.

The work environment must be a safe place. Unfortunately, some workers go through unfair and prohibited 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 offenses can cause lost incomes and advantages, missed opportunities for improvement, and undue tension.

Unfair and discriminatory labor practices versus staff members can take numerous forms, including wrongful termination, discrimination, harassment, refusal to offer an affordable accommodation, rejection of leave, employer retaliation, and wage and hour violations. Workers who are victim to these and other unethical practices might not know their rights, or may be scared to speak out against their employer for worry of retaliation.

At Morgan & Morgan, our work attorneys handle a range of civil litigation cases including unjust labor practices against staff members. Our attorneys have the understanding, commitment, and experience needed to represent workers in a wide range of labor disagreements. In fact, Morgan & Morgan has been acknowledged for submitting more labor and work cases than any other company.

If you think you might have been the victim of unfair or unlawful treatment in the office, contact us by completing our free case evaluation kind.

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FAQ

Get responses to frequently asked questions about our legal services and find out how we might help you with your case.

What Does Labor Law and Employment Law Cover?

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

Wrongful Termination.

Discrimination (e.g., sex, race, color, harassment, nationwide origin, faith, age, and disability).

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

Unfair Labor Practices (e.g., denial of incomes, 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 declares.

Executive Pay Disputes.

What Constitutes Wrongful Termination?

Sometimes workers are release for reasons that are unjust or unlawful. This is described wrongful termination, wrongful discharge, or wrongful dismissal.

There are numerous scenarios that may be grounds for a wrongful termination claim, including:

Firing a staff member out of retaliation.

Discrimination.

Firing a whistleblower.

Firing an employee who will not do something illegal for their company.

If you believe you may have been fired without correct cause, our labor and work lawyers might be able to assist you recover back pay, overdue earnings, and other kinds of payment.

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

It is prohibited to discriminate versus a job candidate or staff member on the basis of race, color, faith, sex, nationwide origin, impairment, or age. However, some companies do simply that, causing a hostile and employment inequitable workplace where some employees are treated more favorably than others.

Workplace discrimination can take lots of types. 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 staff member with less experience.

Not offering equivalent training opportunities for employees of various spiritual backgrounds.

Imposing job eligibility criteria that intentionally evaluates out individuals with disabilities.

Firing someone based on a safeguarded category.

What Are Some Examples of Workplace Harassment?

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

Examples of workplace harassment include:

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

Telling a vulgar or sexual joke to a colleague.

Using slurs or racial epithets.

Making prejudicial declarations about a worker’s sexual orientation.

Making unfavorable comments about an employee’s faiths.

Making prejudicial declarations about a worker’s birth place or family heritage.

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

Workplace harassment can also take the kind of quid professional quo harassment. This indicates that the harassment leads to an intangible change in a worker’s employment status. For example, a staff member may 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 employment Base Pay Violations?

The Fair Labor Standards Act (FLSA) established certain workers’ rights, including the right to a minimum wage (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 denying workers their rightful pay through deceiving methods. This is called wage theft, and includes examples such as:

Paying an employee less than the federal minimum wage.

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

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

Forcing workers to spend for tools of the trade or other expenditures that their employer need to pay.

Misclassifying a worker that should be paid overtime as «exempt» by promoting them to a «supervisory» position without in fact changing the employee’s job responsibilities.

A few of the most susceptible occupations to overtime and base pay infractions include:

IT workers.

Service technicians.

Installers.

Sales representatives.

Nurses and employment health care employees.

Tipped workers.

Oil and gas field workers.

Call center employees.

Personal bankers, home mortgage brokers, and AMLs.

Retail workers.

Exotic dancers.

FedEx drivers.

Disaster relief workers.

Pizza shipment drivers.

What Is Employee Misclassification?

There are a number of distinctions between workers and self-employed workers, also understood as independent specialists or experts. Unlike employees, who are told when and where to work, guaranteed a regular wage quantity, and entitled to worker benefits, to name a few requirements, independent professionals typically deal with a short-term, contract basis with a company, and are invoiced for their work. Independent professionals are not entitled to employee benefits, and need to submit and keep their own taxes, as well.

However, recently, some employers have abused category by misclassifying bonafide employees as contractors in an attempt to save money and prevent laws. This is most frequently seen amongst «gig economy» employees, such as rideshare drivers and shipment motorists.

Some examples of misclassifications include:

Misclassifying a worker as an independent professional to not have to adhere to Equal Job opportunity Commission laws, which avoid work discrimination.

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

Misclassifying employees to prevent paying out base pay.

How Is Defamation of Character Defined?

Defamation is normally specified as the act of damaging the credibility of a person through slanderous (spoken) or false (written) comments. When character assassination occurs in the work environment, it has the prospective to hurt team morale, create alienation, or perhaps trigger long-lasting damage to an employee’s profession prospects.

Employers are accountable for putting a stop to damaging gossiping among employees if it is a routine and known event in the office. Defamation of character in the office might consist of circumstances such as:

A company making harmful and unfounded accusations, such as claims of theft or incompetence, toward an employee during an efficiency evaluation

An employee spreading out a harmful rumor about another staff member that causes them to be turned down for a job elsewhere

A staff member spreading chatter about an employee that triggers other coworkers to avoid them

What Is Considered Employer Retaliation?

It is illegal for a company to penalize a staff member for submitting a problem or claim versus their employer. This is considered company retaliation. Although employees are lawfully protected against retaliation, it doesn’t stop some employers from penalizing an employee who filed a problem 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 employee to a shift that develops a work-family conflict

Excluding the employee from necessary office activities such as training sessions

What If a Company Denies a Leave of Absence?

While leave of lack laws vary from state to state, there are a number of mandated laws that safeguard employees who must take a prolonged amount of time off from work.

Under the Family Medical Leave Act (FMLA), companies need to provide overdue leave time to workers with a certifying household or individual medical situation, such as leave for the birth or adoption of a child or leave to look after a spouse, kid, or parent with a major health condition. If qualified, workers are entitled to up to 12 weeks of unsettled 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 protections to current and previous uniformed service members who may need to be absent from civilian work for a particular amount of time in order to serve in the armed forces.

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

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

Demoting an employee who took a leave of absence to take care of a passing away moms and dad without just cause

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

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

What Is Executive Compensation?

Executive compensation is the mix of base money compensation, postponed payment, performance bonuses, stock options, executive benefits, severance packages, and more, granted to top-level management staff members. Executive compensation plans have actually come under increased examination by regulatory agencies and investors alike. If you deal with a disagreement during the settlement of your executive pay package, our lawyers may have the ability to assist you.

Why Should I Contact a Morgan & Morgan Employment Attorney?

The work and labor lawyers at Morgan & Morgan have effectively pursued countless 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 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 know may have been treated incorrectly by an employer or another employee, do not hesitate to call our workplace. To discuss your legal rights and options, fill out our complimentary, no-obligation case review form now.

What Does a Work Attorney Do?

Documentation.
First, your designated legal group will collect records associated with your claim, including your agreement, time sheets, and interactions via email or other job-related platforms.
These documents will help your lawyer comprehend the level of your claim and build your case for settlement.

Investigation.
Your attorney and legal group will investigate your workplace claim in great information to gather the needed evidence.
They will take a look at the documents you provide and might likewise look at work records, contracts, and other office information.

Negotiation.
Your lawyer will work out with the defense, beyond the courtroom, to assist get you the settlement you may be entitled to.
If settlement negotiations are unsuccessful, your attorney is prepared to go to trial and present your case in the strongest possible kind.

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