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Labor and Employment Attorneys

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Were You Treated Unfairly While on the Job?

Morgan & Morgan’s work lawyers submit one of the most employment litigation cases in the country, including those including wrongful termination, discrimination, harassment, wage theft, staff member misclassification, disparagement, retaliation, rejection of leave, and executive pay disputes.

The office needs to be a safe place. Unfortunately, some workers undergo unfair and illegal conditions by dishonest companies. Workers may not know what their rights in the office are, or might be afraid of speaking out against their employer in fear of retaliation. These labor infractions can result in lost salaries and benefits, missed out on chances for advancement, and excessive stress.

Unfair and prejudiced labor practices against employees can take many forms, consisting of wrongful termination, discrimination, harassment, rejection to offer a sensible lodging, denial 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 might hesitate to speak up against their company for fear of retaliation.

At Morgan & Morgan, our work lawyers handle a range of civil litigation cases involving unfair labor practices versus employees. Our attorneys have the knowledge, dedication, and experience required to represent workers in a wide variety of labor disagreements. In fact, Morgan & Morgan has been recognized for filing more labor and work cases than any other firm.

If you think you may have been the victim of unfair or prohibited treatment in the work environment, contact us by finishing our complimentary case assessment kind.

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FAQ

Get responses to frequently asked questions about our legal services and find out how we may 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, nationwide origin, religion, age, and special needs).

Harassment (e.g., Unwanted sexual advances, Hostile Work Environment).

Unfair Labor Practices (e.g., rejection of salaries, 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 claims.

Executive Pay Disputes.

What Constitutes Wrongful Termination?

Sometimes staff members are let go for factors that are unjust or prohibited. This is termed wrongful termination, wrongful discharge, or wrongful dismissal.

There are lots of situations that may be grounds for a wrongful termination lawsuit, including:

Firing an employee out of retaliation.

Discrimination.

Firing a whistleblower.

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

If you believe you may have been fired without proper cause, our labor and work lawyers may be able to help you recover back pay, unpaid salaries, and other kinds of compensation.

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

It is prohibited to victimize a task candidate or staff member on the basis of race, color, religious beliefs, sex, nationwide origin, impairment, or age. However, some companies do simply that, resulting in a hostile and inequitable work environment where some workers are dealt with more favorably than others.

Workplace discrimination can take many kinds. Some examples consist of:

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

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

Not offering equivalent training opportunities for staff members of various spiritual backgrounds.

Imposing job eligibility criteria that deliberately evaluates out individuals with specials needs.

Firing somebody based upon a protected classification.

What Are Some Examples of Workplace Harassment?

When workers are subjected to slurs, attacks, risks, 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 creates a hostile and violent workplace.

Examples of office harassment include:

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

Telling a repulsive or sexual joke to a coworker.

Using slurs or racial epithets.

Making prejudicial declarations about a worker’s sexual orientation.

Making unfavorable remarks about a worker’s religious beliefs.

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

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

Workplace harassment can likewise take the type of quid pro quo harassment. This implies that the harassment leads to an intangible modification in an employee’s employment status. For instance, a worker may be required to tolerate unwanted sexual advances from a supervisor as a condition of their continued employment.

Which Industries Have 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 staff members.

However, some employers attempt to cut expenses by rejecting workers their rightful pay through deceitful 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 towards vacation or ill time, instead of overtime spend for hours worked over 40 in a work week.

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

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

Misclassifying a worker that ought to be paid overtime as “exempt” by promoting them to a “supervisory” position without really altering the employee’s job duties.

A few of the most vulnerable occupations to overtime and minimum wage infractions consist of:

IT workers.

Service professionals.

Installers.

Sales representatives.

Nurses and healthcare employees.

Tipped employees.

Oil and gas field employees.

Call center workers.

Personal bankers, home loan brokers, and AMLs.

Retail workers.

Strippers.

FedEx motorists.

Disaster relief employees.

Pizza shipment motorists.

What Is Employee Misclassification?

There are a variety of differences between staff members and self-employed employees, job also called independent specialists or specialists. Unlike workers, who are told when and where to work, guaranteed a regular wage quantity, and entitled to staff member advantages, to name a few criteria, independent professionals typically deal with a short-term, agreement basis with a business, and job are invoiced for their work. Independent contractors are not to staff member advantages, and must submit and keep their own taxes, as well.

However, over the last few years, some employers have abused category by misclassifying bonafide workers as specialists in an effort to save money and prevent laws. This is most commonly seen among “gig economy” workers, such as rideshare drivers and delivery motorists.

Some examples of misclassifications include:

Misclassifying an employee as an independent specialist 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 benefits plan.

Misclassifying workers to prevent paying out minimum wage.

How Is Defamation of Character Defined?

Defamation is typically specified as the act of harming the reputation of an individual through slanderous (spoken) or job false (written) remarks. When character assassination occurs in the workplace, it has the prospective to harm team morale, develop alienation, or even cause long-term damage to a worker’s profession prospects.

Employers are accountable for stopping hazardous gossiping among workers if it is a regular and known event in the office. Defamation of character in the office might consist of instances such as:

A company making hazardous and unfounded claims, such as claims of theft or incompetence, toward a staff member throughout a performance evaluation

An employee spreading a hazardous report about another employee that causes them to be declined for a task in other places

An employee spreading gossip about an employee that triggers other coworkers to avoid them

What Is Considered Employer Retaliation?

It is illegal for a company to punish a staff member for submitting a grievance or claim versus their employer. This is thought about employer retaliation. Although employees are lawfully protected versus retaliation, it does not stop some companies from punishing a staff member who filed a problem in a range of ways, such as:

Reducing the worker’s salary

Demoting the worker

Re-assigning the employee to a less-desirable task

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

Excluding the employee from vital work environment activities such as training sessions

What If a Company Denies a Leave of Absence?

While leave of lack laws differ from one state to another, there are a variety of federally mandated laws that safeguard workers who need to take an extended duration of time off from work.

Under the Family Medical Leave Act (FMLA), companies need to provide overdue leave time to staff members with a qualifying family or individual medical situation, such as leave for the birth or adoption of an infant or leave to take care of a partner, kid, or moms and dad with a serious health condition. If qualified, employees are entitled to as much as 12 weeks of unsettled leave time under the FMLA without worry of jeopardizing their job status.

The Uniformed Services Employment and Reemployment Rights Act (USERRA), on the other hand, assurances specific defenses to present and previous uniformed service members who may require to be absent from civilian employment for a specific time period in order to serve in the armed forces.

Leave of absence can be unfairly denied in a number of methods, consisting of:

Firing an employee who took a leave of absence for the birth or adoption of their child without simply cause

Demoting a staff member who took a leave of absence to take care of 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 against a current or former service member who took a leave of absence to serve in the militaries

What Is Executive Compensation?

Executive compensation is the mix of base cash payment, delayed compensation, efficiency perks, stock alternatives, executive benefits, severance bundles, and more, awarded to high-level management workers. Executive payment packages have actually come under increased examination by regulative agencies and investors alike. If you face a disagreement throughout the settlement of your executive pay plan, our lawyers may be able to help you.

Why Should I Contact a Morgan & Morgan Employment Attorney?

The employment and labor attorneys at Morgan & Morgan have successfully pursued countless labor and employment claims for the people who need it most.

In addition to our successful performance history of representing victims of labor and work claims, our labor attorneys also represent staff members 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 know might have been treated improperly by an employer or another worker, do not be reluctant to contact our workplace. To discuss your legal rights and options, submit our complimentary, no-obligation case review form now.

What Does an Employment Attorney Do?

Documentation.
First, your designated legal team will gather records associated with your claim, including your contract, time sheets, and interactions by means of e-mail or other job-related platforms.
These files will help your attorney understand the extent of your claim and construct your case for settlement.

Investigation.
Your lawyer and legal team will examine your office claim in great detail to collect the essential evidence.
They will take a look at the documents you offer and may also take a look at employment records, agreements, and other office data.

Negotiation.
Your lawyer will negotiate with the defense, beyond the courtroom, to help get you the payment you might be entitled to.
If settlement negotiations are unsuccessful, your lawyer is prepared to go to trial and present your case in the strongest possible type.

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