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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 the many employment lawsuits cases in the country, including those involving wrongful termination, discrimination, harassment, wage theft, staff member misclassification, character assassination, retaliation, rejection of leave, and executive pay conflicts.

The office should be a safe place. Unfortunately, some employees are subjected to unjust and prohibited conditions by dishonest employers. Workers may not know what their rights in the workplace are, or may hesitate of speaking out against their company in worry of retaliation. These labor violations can lead to lost earnings and benefits, missed out on opportunities for improvement, and undue tension.

Unfair and inequitable labor practices versus employees can take many types, including wrongful termination, discrimination, harassment, rejection to offer an affordable lodging, denial of leave, company retaliation, and wage and hour infractions. who are victim to these and other dishonest practices may not understand their rights, or might be scared to speak up against their employer for fear of retaliation.

At Morgan & Morgan, our employment lawyers deal with a range of civil lawsuits cases including unreasonable labor practices against staff members. Our attorneys possess the understanding, commitment, and experience needed to represent workers in a wide variety of labor disagreements. In fact, Morgan & Morgan has actually been acknowledged for filing more labor and work cases than any other firm.

If you believe you may have been the victim of unreasonable or unlawful treatment in the office, contact us by completing our complimentary case examination form.

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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, national origin, faith, 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 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 employees are let go for factors that are unfair or illegal. This is termed wrongful termination, wrongful discharge, or wrongful dismissal.

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

Firing an employee out of retaliation.

Discrimination.

Firing a whistleblower.

Firing an employee who won’t do something unlawful for their company.

If you believe you may have been fired without appropriate cause, our labor and employment attorneys might be able to help you recover back pay, overdue wages, and other forms of settlement.

What Are the Most Common Forms of Workplace Discrimination?

It is prohibited to discriminate versus a task candidate or worker on the basis of race, color, religion, sex, nationwide origin, disability, or age. However, some employers do just that, resulting in a hostile and inequitable work environment where some workers are dealt with more favorably 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 promo in favor of a male staff member with less experience.

Not providing equal training chances for staff members of different spiritual backgrounds.

Imposing task eligibility criteria that intentionally screens out individuals with impairments.

Firing someone based on a protected classification.

What Are Some Examples of Workplace Harassment?

When employees go through slurs, assaults, threats, ridicule, offensive jokes, unwelcome sexual advances, or verbal or physical conduct of a sexual nature, it can be considered workplace harassment. Similar to workplace discrimination, work environment harassment produces a hostile and abusive work environment.

Examples of office harassment consist of:

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

Telling a repulsive or sexual joke to a coworker.

Using slurs or racial epithets.

Making prejudicial declarations about a worker’s sexual preference.

Making negative comments about an employee’s spiritual beliefs.

Making prejudicial declarations about an employee’s birthplace or household heritage.

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

Workplace harassment can also take the type of quid professional quo harassment. This means that the harassment results in an intangible modification in an employee’s work status. For instance, a staff member may be forced to tolerate sexual harassment 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) developed certain workers’ rights, including 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 staff members.

However, some employers try to cut expenses by denying workers their rightful pay through sly approaches. This is called wage theft, and consists of examples such as:

Paying a worker less than the federal base pay.

Giving a worker “comp time” or hours that can be utilized toward trip or ill time, rather than 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 pay for tools of the trade or other costs that their employer must pay.

Misclassifying an employee that needs to be paid overtime as “exempt” by promoting them to a “supervisory” position without actually altering the employee’s task responsibilities.

Some of the most susceptible occupations to overtime and base pay offenses include:

IT employees.

Service professionals.

Installers.

Sales agents.

Nurses and health care employees.

Tipped workers.

Oil and gas field workers.

Call center workers.

Personal bankers, mortgage brokers, and AMLs.

Retail employees.

Exotic dancers.

FedEx chauffeurs.

Disaster relief workers.

Pizza shipment chauffeurs.

What Is Employee Misclassification?

There are a variety of distinctions between employees and self-employed workers, also referred to as independent contractors or specialists. Unlike staff members, who are informed when and where to work, guaranteed a regular wage quantity, and entitled to staff member advantages, to name a few requirements, independent contractors usually deal with 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, in the last few years, some companies have abused category by misclassifying bonafide workers as contractors in an effort to conserve money and circumvent laws. This is most frequently seen amongst “gig economy” employees, such as rideshare chauffeurs and shipment chauffeurs.

Some examples of misclassifications include:

Misclassifying a worker as an independent professional to not need to abide by Equal Employment Opportunity Commission laws, which prevent work discrimination.

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

Misclassifying staff members to avoid paying out minimum wage.

How Is Defamation of Character Defined?

Defamation is typically defined as the act of harming the credibility of an individual through slanderous (spoken) or false (written) comments. When character assassination occurs in the work environment, it has the prospective to damage group spirits, develop alienation, or perhaps trigger long-lasting damage to an employee’s profession potential customers.

Employers are accountable for putting a stop to damaging gossiping among workers if it is a regular and recognized event in the work environment. Defamation of character in the office might consist of instances such as:

An employer making harmful and unfounded accusations, such as claims of theft or incompetence, towards a worker during a performance review

An employee spreading out a harmful rumor about another staff member that triggers them to be declined for a job somewhere else

A staff member dispersing gossip about a worker that causes other colleagues to prevent them

What Is Considered Employer Retaliation?

It is prohibited for a business to penalize an employee for submitting a problem or claim versus their company. This is considered company retaliation. Although workers are lawfully secured versus retaliation, employment it doesn’t stop some companies from punishing a staff member who filed a grievance in a variety 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 worker from necessary office activities such as training sessions

What If a Business Denies a Leave of Absence?

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

Under the Family Medical Leave Act (FMLA), employers need to offer unpaid leave time to staff members with a certifying household or private medical situation, such as leave for the birth or adoption of a child or delegate look after a spouse, child, or parent with a severe health condition. If certified, employees are entitled to as much as 12 weeks of overdue leave time under the FMLA without worry of threatening their task status.

The Uniformed Services Employment and Reemployment Rights Act (USERRA), on the other hand, warranties particular protections to existing and previous uniformed service members who might need to be missing from civilian work for a particular period of time in order to serve in the armed forces.

Leave of lack can be unfairly denied in a number of ways, consisting of:

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

Demoting a worker who took a leave of absence to take care of a dying 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 against a present or previous service member who took a leave of absence to serve in the militaries

What Is Executive Compensation?

Executive payment is the mix of base cash payment, postponed payment, performance bonuses, stock choices, executive advantages, severance bundles, and more, awarded to high-level management employees. Executive payment packages have come under increased scrutiny by regulative agencies and shareholders alike. If you face a disagreement throughout the negotiation of your executive pay bundle, our lawyers may have the ability to assist you.

Why Should I Contact a Morgan & Morgan Employment Attorney?

The employment and labor lawyers at Morgan & Morgan have actually effectively pursued countless labor and employment claims for the 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 employees before administrative companies such as the Equal Job Opportunity Commission (EEOC), Department of Labor employment (DOL), Occupational Safety and Health Administration (OSHA), and National Labor Relations Board (NLRB).

If you or someone you know might have been dealt with incorrectly by an employer or another staff member, do not think twice to contact our office. To discuss your legal rights and options, fill out our free, no-obligation case evaluation type now.

What Does an Employment Attorney Do?

Documentation.
First, your appointed legal group will gather records connected to your claim, including your agreement, time sheets, and interactions via e-mail or other job-related platforms.
These documents will assist your attorney comprehend the degree of your claim and construct your case for payment.

Investigation.
Your lawyer and legal team will examine your workplace claim in fantastic information to gather the necessary evidence.
They will take a look at the files you offer and might also take a look at employment records, contracts, and other work environment information.

Negotiation.
Your attorney will work out with the defense, beyond the courtroom, to assist get you the settlement you might 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 type.

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