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Labor and Employment Attorneys

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. -America’s Largest Injury Law practice ™.

– Protecting Families Since 1988.

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Were You Treated Unfairly While on the Job?

Morgan & Morgan’s employment attorneys submit the many employment lawsuits cases in the nation, including those involving wrongful termination, discrimination, harassment, wage theft, worker misclassification, disparagement, retaliation, rejection of leave, and executive pay disputes.

The work environment needs to be a safe location. Unfortunately, some workers are subjected to unjust and illegal conditions by unethical companies. Workers might not know what their rights in the workplace are, or might be afraid of speaking up versus their in fear of retaliation. These labor offenses can lead to lost salaries and advantages, missed out on chances for improvement, and unnecessary stress.

Unfair and prejudiced labor practices against staff members can take numerous kinds, including wrongful termination, discrimination, harassment, rejection to offer a reasonable lodging, rejection of leave, company retaliation, and wage and hour offenses. Workers who are victim to these and other dishonest practices might not know their rights, or may be scared to speak up versus their company for fear of retaliation.

At Morgan & Morgan, our employment lawyers manage a range of civil litigation cases including unreasonable labor practices versus workers. Our lawyers have the knowledge, devotion, and experience needed to represent employees in a large range of labor employment conflicts. In fact, Morgan & Morgan has actually 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 prohibited treatment in the workplace, contact us by completing our complimentary case evaluation kind.

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If we handle the case, our group fights to get you the results you should have.

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FAQ

Get the answer to frequently asked concerns about our legal services and discover how we might 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, nationwide origin, religion, age, and special needs).

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

Unfair Labor Practices (e.g., denial of wages, overtime, idea pooling, and equivalent 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 let go for reasons that are unjust or illegal. This is described wrongful termination, wrongful discharge, or wrongful termination.

There are numerous situations 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 unlawful for their company.

If you believe you may have been fired without correct cause, our labor and work attorneys may 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 job candidate or employee on the basis of race, color, faith, sex, nationwide origin, disability, or age. However, some companies do simply that, leading to a hostile and inequitable workplace where some employees are dealt with more positively than others.

Workplace discrimination can take numerous forms. Some examples consist of:

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

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

Not offering equivalent training chances for staff members of different religious backgrounds.

Imposing task eligibility criteria that intentionally screens out people with disabilities.

Firing somebody based on a protected category.

What Are Some Examples of Workplace Harassment?

When employees are subjected to slurs, assaults, risks, 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, workplace harassment produces a hostile and abusive workplace.

Examples of work environment harassment consist of:

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

Telling a vulgar or sexual joke to a colleague.

Using slurs or racial epithets.

Making prejudicial statements about an employee’s sexual preference.

Making unfavorable comments about an employee’s religions.

Making prejudicial declarations about a staff member’s birth place or household heritage.

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

Workplace harassment can likewise take the type of quid pro quo harassment. This means that the harassment results in an intangible change in a staff member’s work status. For example, an employee might be forced to tolerate unwanted sexual advances from a supervisor as a condition of their continued work.

Which Industries Have the Most Overtime and Minimum Wage Violations?

The Fair Labor Standards Act (FLSA) established particular workers’ rights, including the right to a minimum wage (set federally at $7.25 since 2020) and overtime pay for all hours worked over 40 in a workweek for non-exempt workers.

However, some companies try to cut expenses by denying employees their rightful pay through deceiving methods. This is called wage theft, and consists of examples such as:

Paying a worker less than the federal minimum wage.

Giving a worker “comp time” or hours that can be utilized toward holiday or ill time, rather than overtime spend for hours worked over 40 in a work week.

Forcing tipped workers to pool their pointers with non-tipped workers, such as managers or cooks.

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

Misclassifying a worker that needs to be paid overtime as “exempt” by promoting them to a “supervisory” position without in fact changing the employee’s task tasks.

Some of the most vulnerable professions to overtime and base pay violations consist of:

IT workers.

Service professionals.

Installers.

Sales agents.

Nurses and healthcare workers.

Tipped employees.

Oil and gas field workers.

Call center workers.

Personal bankers, home mortgage brokers, and AMLs.

Retail staff members.

Strippers.

FedEx drivers.

Disaster relief employees.

Pizza shipment chauffeurs.

What Is Employee Misclassification?

There are a number of differences between workers and self-employed workers, also referred to as independent professionals or specialists. Unlike staff members, who are told when and where to work, guaranteed a regular wage quantity, and entitled to worker advantages, amongst other criteria, independent specialists usually work on a short-term, agreement basis with a service, and are invoiced for their work. Independent specialists are not entitled to staff member advantages, and need to submit and keep their own taxes, also.

However, in recent years, some employers have actually abused category by misclassifying bonafide employees as specialists in an effort to save cash and circumvent laws. This is most commonly seen among “gig economy” workers, such as rideshare chauffeurs and shipment drivers.

Some examples of misclassifications include:

Misclassifying an employee as an independent contractor to not have to adhere to Equal Employment Opportunity Commission laws, which avoid employment discrimination.

Misclassifying an employee to avoid enrolling them in a health advantages plan.

Misclassifying employees to prevent paying out 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 disparaging (written) comments. When disparagement happens in the office, it has the possible to damage group spirits, develop alienation, or perhaps trigger long-term damage to an employee’s career potential customers.

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

An employer making hazardous and employment unfounded allegations, such as claims of theft or incompetence, toward an employee throughout an efficiency review

An employee spreading a hazardous rumor about another employee that causes them to be refused for a task somewhere else

A staff member spreading gossip about a worker that causes other coworkers to prevent them

What Is Considered Employer Retaliation?

It is unlawful for a company to punish a worker for filing a grievance or suit versus their employer. This is considered employer retaliation. Although employees are legally protected versus retaliation, it does not stop some companies from punishing a staff member who submitted a complaint in a variety of ways, such as:

Reducing the worker’s income

Demoting the employee

Re-assigning the worker to a less-desirable job

Re-assigning the worker to a shift that creates a work-family dispute

Excluding the employee from vital workplace activities such as training sessions

What If a Company Denies a Leave of Absence?

While leave of lack laws differ from state to state, there are a variety of federally mandated laws that safeguard employees who must take a prolonged time period off from work.

Under the Family Medical Leave Act (FMLA), employers must provide overdue leave time to staff members with a qualifying family or private medical situation, such as leave for the birth or adoption of a child or leave to care for a partner, child, employment or moms and dad with a serious health condition. If qualified, workers are entitled to as much as 12 weeks of overdue 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 securities to existing and former uniformed service members who may require to be absent from civilian employment for a particular amount of time in order to serve in the militaries.

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

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

Demoting a staff member who took a leave of lack to take care of 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 simply cause

Retaliating versus an existing or previous service member who took a leave of absence to serve in the militaries

What Is Executive Compensation?

Executive payment is the combination of base cash settlement, postponed settlement, efficiency benefits, stock alternatives, executive benefits, severance bundles, and more, awarded to top-level management employees. Executive settlement packages have come under increased analysis by regulatory agencies and investors alike. If you deal with a dispute during the negotiation of your executive pay package, our attorneys may be able to help you.

Why Should I Contact a Morgan & Morgan Employment Attorney?

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

In addition to our effective performance history of representing victims of labor and work claims, our labor lawyers likewise represent workers before administrative firms 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 might have been treated poorly by a company or another staff member, do not hesitate to contact our workplace. To discuss your legal rights and alternatives, complete our complimentary, 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 contract, time sheets, and communications through email or other work-related platforms.
These files will assist your lawyer comprehend the degree of your claim and build your case for compensation.

Investigation.
Your attorney and legal team will investigate your work environment claim in terrific detail to gather the essential evidence.
They will look at the documents you supply and might also look at employment records, contracts, and other workplace information.

Negotiation.
Your attorney will work out with the defense, outside of the courtroom, to help get you the settlement you might be entitled to.
If settlement negotiations are unsuccessful, your attorney is prepared to go to trial and present your case in the greatest possible form.

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