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Labor and Employment Attorneys

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Were You Treated Unfairly While on the Job?

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

The work environment needs to be a safe location. Unfortunately, some workers go through unjust and prohibited conditions by unethical companies. Workers might not know what their rights in the office are, or might be afraid of speaking out versus their company in fear of retaliation. These labor offenses can result in lost earnings and benefits, missed out on chances for development, and excessive stress.

Unfair and prejudiced labor practices versus employees can take numerous kinds, consisting of wrongful termination, discrimination, harassment, rejection to provide a reasonable lodging, rejection of leave, retaliation, and wage and hour violations. Workers who are victim to these and other unethical practices may not know their rights, or may be scared to speak out versus their employer for worry of retaliation.

At Morgan & Morgan, our work attorneys manage a variety of civil litigation cases involving unreasonable labor practices against employees. Our lawyers have the knowledge, devotion, and experience required to represent employees in a large range of labor disagreements. In reality, Morgan & Morgan has been recognized for submitting more labor and employment cases than any other firm.

If you think you may have been the victim of unreasonable or prohibited treatment in the office, call us by completing our complimentary case examination form.

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FAQ

Get the answer to frequently asked questions about our legal services and learn how we may assist 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, religious beliefs, age, and disability).

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

Unfair Labor Practices (e.g., rejection of incomes, overtime, pointer 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 staff members are let go for reasons that are unjust or illegal. This is termed wrongful termination, wrongful discharge, or wrongful termination.

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

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 correct cause, our labor and employment lawyers might have the ability to help you recuperate back pay, unpaid earnings, and other kinds of compensation.

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

It is illegal 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, leading to a hostile and inequitable work environment where some employees are dealt with more favorably than others.

Workplace discrimination can take many kinds. Some examples include:

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

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

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

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

Firing somebody based upon a safeguarded category.

What Are Some Examples of Workplace Harassment?

When workers undergo slurs, attacks, hazards, ridicule, offensive jokes, unwelcome sexual advances, or employment verbal or physical conduct of a sexual nature, it can be thought about workplace harassment. Similar to workplace discrimination, work environment harassment produces a hostile and violent work environment.

Examples of office harassment include:

Making unwanted remarks about a worker’s appearance or body.

Telling a repulsive or sexual joke to a colleague.

Using slurs or racial epithets.

Making prejudicial statements about an employee’s sexual orientation.

Making negative comments about a staff member’s faiths.

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

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

Workplace harassment can also take the type of quid pro quo harassment. This suggests that the harassment leads to an intangible modification in a worker’s work status. For example, a staff member may be forced to tolerate unwanted sexual advances from a supervisor as a condition of their continued work.

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

The Fair Labor Standards Act (FLSA) established particular employees’ rights, consisting of the right to a base pay (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 employers attempt to cut expenses by rejecting workers their rightful pay through deceitful approaches. This is called wage theft, and includes examples such as:

Paying a worker less than the federal minimum wage.

Giving an employee “comp time” or hours that can be used toward vacation or ill time, instead of overtime pay 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 employees to spend for tools of the trade or other expenses that their employer must pay.

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

A few of the most vulnerable professions to overtime and minimum wage violations consist of:

IT workers.

Service technicians.

Installers.

Sales representatives.

Nurses and health care workers.

Tipped employees.

Oil and gas field workers.

Call center employees.

Personal bankers, home mortgage brokers, and AMLs.

Retail employees.

Strippers.

FedEx drivers.

Disaster relief workers.

Pizza delivery drivers.

What Is Employee Misclassification?

There are a variety of differences between workers and self-employed employees, also known as independent specialists or consultants. Unlike employees, who are told when and where to work, guaranteed a regular wage amount, and entitled to employee advantages, to name a few criteria, independent contractors usually deal with a short-term, contract basis with a business, and are invoiced for their work. Independent specialists are not entitled to employee benefits, and need to file and withhold their own taxes, also.

However, recently, some companies have abused classification by misclassifying bonafide employees as contractors in an effort to conserve cash and prevent laws. This is most commonly seen among “gig economy” employees, employment such as rideshare drivers and delivery motorists.

Some examples of misclassifications consist of:

Misclassifying an employee as an independent contractor to not have to adhere to Equal Job opportunity Commission laws, employment which prevent work discrimination.

Misclassifying a worker to prevent registering them in a health benefits plan.

Misclassifying staff members to avoid paying minimum wage.

How Is Defamation of Character Defined?

Defamation is typically defined as the act of harming the track record of a person through slanderous (spoken) or disparaging (written) comments. When disparagement takes place in the work environment, it has the possible to hurt team morale, produce alienation, or perhaps cause long-term damage to an employee’s profession prospects.

Employers are accountable for stopping damaging gossiping amongst employees if it is a regular and known occurrence in the workplace. Defamation of character in the office may consist of instances such as:

A company making harmful and unfounded allegations, such as claims of theft or incompetence, towards a staff member throughout a performance evaluation

A worker spreading a hazardous rumor about another employee that triggers them to be declined for a task elsewhere

A worker dispersing gossip about an employee that triggers other coworkers to avoid them

What Is Considered Employer Retaliation?

It is prohibited for a business to punish an employee for filing a grievance or claim against their company. This is thought about employer retaliation. Although employees are legally protected against retaliation, it does not stop some employers from punishing a staff member who filed a problem in a variety of ways, such as:

Reducing the worker’s salary

Demoting the employee

Re-assigning the employee to a less-desirable job

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

Excluding the employee from vital office activities such as training sessions

What If a Business Denies a Leave of Absence?

While leave of absence laws vary from state to state, there are a number of federally mandated laws that secure workers who need to take an extended amount of time off from work.

Under the Family Medical Leave Act (FMLA), employers should provide overdue leave time to employees with a qualifying household or specific medical circumstance, such as leave for the birth or adoption of an infant or leave to take care of a spouse, child, or moms and dad with a serious health condition. If qualified, staff members are entitled to up to 12 weeks of overdue leave time under the FMLA without fear of jeopardizing their task 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 need to be absent from civilian work for a certain amount of time in order to serve in the armed forces.

Leave of lack can be unjustly rejected in a variety of methods, including:

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

Demoting an employee who took a leave of lack 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 militaries without just cause

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

What Is Executive Compensation?

Executive compensation is the combination of base money compensation, deferred compensation, performance bonuses, stock alternatives, executive benefits, severance bundles, and more, granted to high-level management workers. Executive settlement plans have actually come under increased scrutiny by regulative companies and investors alike. If you face a dispute throughout the negotiation of your executive pay package, our attorneys may have the ability to assist you.

Why Should I Contact a Morgan & Morgan Employment Attorney?

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

In addition to our effective performance history of representing victims of labor and work claims, our labor lawyers also represent employees 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 somebody you understand may have been treated incorrectly by a company or employment another staff member, do not be reluctant to call our office. To discuss your legal rights and options, complete our free, employment no-obligation case review form now.

What Does an Employment Attorney Do?

Documentation.
First, your appointed legal team will gather records associated with your claim, including your contract, time sheets, and interactions through e-mail or other job-related platforms.
These documents will assist your lawyer comprehend the extent of your claim and develop your case for payment.

Investigation.
Your attorney and legal team will examine your office claim in excellent information to gather the needed proof.
They will take a look at the documents you provide and may also look at work records, agreements, and other work environment information.

Negotiation.
Your lawyer will work out with the defense, beyond the courtroom, to help get you the compensation you may be entitled to.
If settlement negotiations are not successful, your attorney is prepared to go to trial and present your case in the greatest possible kind.

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