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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 one of the most employment lawsuits cases in the country, consisting of those involving wrongful termination, discrimination, harassment, wage theft, staff member misclassification, libel, retaliation, employment rejection of leave, and executive pay conflicts.

The office must be a safe place. Unfortunately, some employees undergo unjust and unlawful conditions by dishonest employers. Workers may not understand what their rights in the office are, or may be afraid of speaking out against their employer in fear of retaliation. These labor violations can result in lost incomes and advantages, missed opportunities for improvement, and excessive tension.

Unfair and prejudiced labor practices versus staff members can take numerous kinds, consisting of wrongful termination, discrimination, employment harassment, rejection to offer a sensible accommodation, denial 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 might hesitate to speak out versus their employer for fear of retaliation.

At Morgan & Morgan, our work attorneys deal with a range of civil litigation cases including unfair labor practices versus staff members. Our lawyers possess the understanding, devotion, and experience needed to represent employees in a large range of labor employment disputes. In fact, Morgan & Morgan has actually been recognized for submitting more labor and work cases than any other company.

If you think you might have been the victim of unfair or prohibited treatment in the work environment, contact us by finishing our totally free case evaluation type.

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FAQ

Get the answer to frequently asked questions about our legal services and learn how we may help you with your case.

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, national origin, religion, age, and special needs).

Harassment (e.g., Sexual Harassment, Hostile Workplace).

Unfair Labor Practices (e.g., rejection of incomes, overtime, suggestion 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 employees are let go for employment reasons that are unfair or prohibited. This is called wrongful termination, wrongful discharge, or wrongful termination.

There are lots of circumstances that may be premises for a wrongful termination claim, including:

Firing a worker out of retaliation.

Discrimination.

Firing a whistleblower.

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

If you believe you might have been fired without appropriate cause, our labor and employment attorneys might be able to help you recover back pay, unpaid wages, and other types of compensation.

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

It is prohibited to victimize a job candidate or worker on the basis of race, color, employment faith, sex, nationwide origin, impairment, employment or age. However, some companies do simply that, leading to a hostile and inequitable office where some employees are treated more positively than others.

Workplace discrimination can take many types. Some examples include:

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

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

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

Imposing job eligibility criteria that intentionally evaluates out people with impairments.

Firing someone based upon a protected classification.

What Are Some Examples of Workplace Harassment?

When employees undergo slurs, attacks, dangers, ridicule, offensive jokes, unwanted sexual advances, or verbal or physical conduct of a sexual nature, it can be considered workplace harassment. Similar to workplace discrimination, office harassment creates a hostile and abusive workplace.

Examples of work environment harassment include:

Making unwelcome remarks 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 preference.

Making unfavorable comments about a staff member’s religious beliefs.

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

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

Workplace harassment can also take the form of quid pro quo harassment. This suggests that the harassment results in an intangible modification in a staff member’s work status. For example, an employee might be forced to endure sexual harassment from a manager as a condition of their continued employment.

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

The Fair Labor Standards Act (FLSA) developed specific workers’ 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 try to cut costs by denying workers their rightful pay through deceiving techniques. This is called wage theft, and consists of examples such as:

Paying a worker less than the federal minimum wage.

Giving an employee «comp time» or hours that can be utilized toward getaway or sick time, instead of overtime pay for hours worked over 40 in a work week.

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

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

Misclassifying an employee that needs to be paid overtime as «exempt» by promoting them to a «supervisory» position without in fact altering the worker’s task tasks.

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

IT workers.

Service service technicians.

Installers.

Sales agents.

Nurses and health care employees.

Tipped workers.

Oil and gas field employees.

Call center workers.

Personal lenders, mortgage brokers, and AMLs.

Retail employees.

Strippers.

FedEx chauffeurs.

Disaster relief employees.

Pizza shipment drivers.

What Is Employee Misclassification?

There are a variety of differences in between employees and self-employed workers, likewise understood as independent specialists or experts. Unlike employees, who are informed when and where to work, ensured a routine wage amount, and entitled to employee advantages, to name a few criteria, independent contractors generally work on a short-term, agreement basis with an organization, and are invoiced for their work. Independent contractors are not entitled to worker advantages, and need to file and withhold their own taxes, as well.

However, over the last few years, some companies have abused category by misclassifying bonafide staff members as professionals in an attempt to save money and circumvent laws. This is most typically seen among «gig economy» employees, such as rideshare chauffeurs and shipment chauffeurs.

Some examples of misclassifications include:

Misclassifying an employee as an independent professional to not have to comply with Equal Employment Opportunity Commission laws, which avoid work discrimination.

Misclassifying a worker to avoid enrolling them in a health advantages prepare.

Misclassifying workers to avoid paying minimum wage.

How Is Defamation of Character Defined?

Defamation is usually defined as the act of damaging the reputation of an individual through slanderous (spoken) or defamatory (written) comments. When disparagement takes place in the work environment, it has the possible to harm team morale, produce alienation, or even cause long-lasting damage to a worker’s profession potential customers.

Employers are accountable for stopping hazardous gossiping among staff members if it is a routine and recognized event in the work environment. Defamation of character in the office may consist of circumstances such as:

An employer making harmful and unproven allegations, such as claims of theft or incompetence, towards a worker during a performance evaluation

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

A staff member dispersing chatter about a worker that causes other colleagues to avoid them

What Is Considered Employer Retaliation?

It is illegal for a business to punish a worker for filing a complaint or lawsuit versus their company. This is considered company retaliation. Although employees are lawfully secured against retaliation, it does not stop some companies from punishing a worker who filed a problem in a range of methods, such as:

Reducing the employee’s wage

Demoting the worker

Re-assigning the worker to a less-desirable job

Re-assigning the worker to a shift that creates 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 differ from state to state, there are a variety of federally mandated laws that secure workers who should take an extended time period off from work.

Under the Family Medical Leave Act (FMLA), companies need to provide overdue leave time to workers with a qualifying family or private medical scenario, such as leave for the birth or adoption of a child or leave to care for a partner, kid, or moms and dad with a severe health condition. If certified, staff members are entitled to as much as 12 weeks of unpaid leave time under the FMLA without fear of jeopardizing their job status.

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

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

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

Demoting an employee who took a leave of lack to care for a dying moms and dad without simply cause

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

Retaliating against a present or previous service member who took a leave of absence to serve in the armed forces

What Is Executive Compensation?

Executive payment is the mix of base cash payment, delayed payment, performance bonus offers, stock options, executive benefits, severance packages, and more, granted to top-level management employees. Executive compensation packages have actually come under increased examination by regulative agencies and investors alike. If you face a conflict during the negotiation of your executive pay plan, our lawyers might 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 thousands of labor and employment claims for the individuals who need it most.

In addition to our successful performance history of representing victims of labor and work claims, our labor lawyers also represent workers before administrative companies 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 might have been dealt with incorrectly by an employer or another staff member, do not be reluctant to contact our office. To discuss your legal rights and options, complete our totally free, no-obligation case review form now.

What Does an Employment Attorney Do?

Documentation.
First, your appointed legal team will collect records associated with your claim, including your agreement, time sheets, and communications through email or other work-related platforms.
These files will assist your lawyer understand the extent of your claim and develop your case for compensation.

Investigation.
Your attorney and legal team will examine your workplace claim in excellent information to collect the required proof.
They will take a look at the documents you provide and may likewise take a look at work records, agreements, and other office data.

Negotiation.
Your attorney will negotiate with the defense, beyond the courtroom, to assist 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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