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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 work lawyers file one of the most work litigation cases in the country, consisting of those including wrongful termination, discrimination, harassment, wage theft, staff member misclassification, disparagement, retaliation, denial of leave, and executive pay disputes.
The workplace ought to be a safe place. Unfortunately, some workers undergo unjust and prohibited conditions by unscrupulous employers. Workers might not understand what their rights in the office are, job or might be scared of speaking up versus their company in fear of retaliation. These labor infractions can result in lost earnings and benefits, missed opportunities for development, and excessive stress.
Unfair and prejudiced labor practices against workers can take numerous forms, including wrongful termination, discrimination, harassment, rejection to provide a reasonable accommodation, denial of leave, employer retaliation, and wage and hour offenses. Workers who are victim to these and other dishonest practices may not know their rights, or may hesitate to speak out versus their company for fear of retaliation.
At Morgan & Morgan, our employment attorneys deal with a variety of civil lawsuits cases involving unreasonable labor practices versus staff members. Our lawyers have the understanding, dedication, and experience needed to represent employees in a vast array of labor disputes. In fact, Morgan & Morgan has been acknowledged for submitting more labor and work cases than any other firm.
If you believe you might have been the victim of unjust or illegal treatment in the office, contact us by finishing our complimentary case assessment kind.
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FAQ
Get answers to typically asked questions about our legal services and job discover 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, nationwide origin, faith, age, and special needs).
Harassment (e.g., Unwanted sexual advances, Hostile Work Environment).
Unfair Labor Practices (e.g., denial of wages, overtime, tip 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 workers are release for reasons that are unfair or prohibited. This is termed wrongful termination, wrongful discharge, or wrongful dismissal.
There are lots of scenarios that might be grounds for a wrongful termination suit, including:
Firing an employee out of retaliation.
Discrimination.
Firing a whistleblower.
Firing a staff member who won’t do something prohibited for their company.
If you think you may have been fired without correct cause, our labor and work attorneys might be able to assist you recover back pay, unpaid wages, and other kinds of compensation.
What Are one of the most Common Forms of Workplace Discrimination?
It is unlawful to discriminate versus a job candidate or employee on the basis of race, color, religion, sex, nationwide origin, job special needs, or age. However, some employers do simply that, resulting in a hostile and inequitable office where some workers are dealt with more favorably than others.
Workplace discrimination can take many kinds. Some examples consist of:
Refusing to employ somebody on the basis of their skin color.
Passing over a qualified female worker for a promo in favor of a male employee with less experience.
Not providing equal training chances for staff members of various religious backgrounds.
Imposing task eligibility requirements that intentionally evaluates out people with impairments.
Firing somebody based on a safeguarded classification.
What Are Some Examples of Workplace Harassment?
When employees go through slurs, attacks, dangers, ridicule, offending jokes, unwelcome sexual advances, or verbal or physical conduct of a sexual nature, it can be considered workplace harassment. Similar to workplace discrimination, workplace harassment develops a hostile and violent work environment.
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 statements about a worker’s sexual preference.
Making negative comments about a worker’s spiritual beliefs.
Making prejudicial declarations about a worker’s birthplace or family heritage.
Making unfavorable remarks or jokes about the age of an employee over the age of 40.
Workplace harassment can also take the form of quid professional quo harassment. This means that the harassment results in an intangible modification in a worker’s employment status. For example, an employee may be required 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) developed certain employees’ rights, including the right to a base pay (set federally at $7.25 as of 2020) and overtime pay for all hours worked over 40 in a workweek for non-exempt employees.
However, some companies attempt to cut costs by denying employees their rightful pay through deceiving techniques. This is called wage theft, and includes examples such as:
Paying an employee less than the federal minimum wage.
Giving a worker “comp time” or hours that can be utilized towards vacation or ill time, instead of overtime pay for hours worked over 40 in a work week.
Forcing tipped workers to pool their suggestions with non-tipped employees, such as supervisors or cooks.
Forcing workers to pay for tools of the trade or other expenses that their employer must pay.
Misclassifying a worker that ought to be paid overtime as “exempt” by promoting them to a “supervisory” position without actually changing the worker’s task responsibilities.
Some of the most susceptible professions to overtime and base pay violations consist of:
IT employees.
Service service technicians.
Installers.
Sales representatives.
Nurses and health care workers.
members.
Oil and gas field employees.
Call center workers.
Personal lenders, home loan brokers, and AMLs.
Retail employees.
Strippers.
Disaster relief employees.
Pizza shipment motorists.
What Is Employee Misclassification?
There are a variety of distinctions in between workers and self-employed employees, likewise referred to as independent professionals or specialists. Unlike workers, who are informed when and where to work, guaranteed a routine wage quantity, and job entitled to staff member advantages, to name a few criteria, independent professionals usually deal with a short-term, agreement basis with an organization, and are invoiced for their work. Independent contractors are not entitled to worker benefits, and need to file and keep their own taxes, as well.
However, over the last few years, some companies have actually abused category by misclassifying bonafide staff members as contractors in an attempt to save money and circumvent laws. This is most commonly seen amongst “gig economy” workers, such as rideshare drivers and delivery drivers.
Some examples of misclassifications consist of:
Misclassifying an employee as an independent contractor to not have to adhere to Equal Job opportunity Commission laws, which avoid work discrimination.
Misclassifying a worker to prevent registering them in a health advantages plan.
Misclassifying staff members to avoid paying minimum wage.
How Is Defamation of Character Defined?
Defamation is generally defined as the act of harming the credibility of a person through slanderous (spoken) or disparaging (written) comments. When character assassination happens in the work environment, it has the possible to hurt team spirits, create alienation, or even trigger long-term damage to an employee’s profession potential customers.
Employers are accountable for stopping hazardous gossiping among staff members if it is a routine and known event in the work environment. Defamation of character in the workplace may consist of instances such as:
An employer making harmful and unproven accusations, such as claims of theft or incompetence, towards an employee throughout a performance evaluation
An employee spreading a hazardous rumor about another staff member that triggers them to be declined for a job in other places
An employee dispersing chatter about a worker that triggers other coworkers to avoid them
What Is Considered Employer Retaliation?
It is illegal for a company to punish an employee for submitting a complaint or lawsuit against their company. This is considered company retaliation. Although workers are legally secured against retaliation, it does not stop some companies from penalizing an employee who submitted a grievance in a range of methods, such as:
Reducing the employee’s wage
Demoting the worker
Re-assigning the worker to a less-desirable task
Re-assigning the worker to a shift that produces a work-family conflict
Excluding the worker from necessary work environment activities such as training sessions
What If a Company Denies a Leave of Absence?
While leave of lack laws vary from state to state, there are a number of federally mandated laws that protect staff members who need to take a prolonged period of time off from work.
Under the Family Medical Leave Act (FMLA), companies must provide unpaid leave time to staff members with a certifying family or individual medical situation, such as leave for the birth or adoption of a child or delegate look after a spouse, kid, or moms and dad with a severe health condition. If qualified, workers are entitled to approximately 12 weeks of unpaid leave time under the FMLA without worry of endangering their task status.
The Uniformed Services Employment and Reemployment Rights Act (USERRA), on the other hand, warranties certain defenses to existing and previous uniformed service members who might require to be missing from civilian employment for a specific duration of time in order to serve in the militaries.
Leave of absence can be unfairly denied in a number of methods, including:
Firing an employee who took a leave of absence for the birth or adoption of their infant without simply cause
Demoting a staff member who took a leave of absence to care for a passing away 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 current or previous service member who took a leave of lack to serve in the militaries
What Is Executive Compensation?
Executive payment is the mix of base cash settlement, delayed compensation, performance perks, stock alternatives, executive advantages, severance packages, and more, granted to high-level management employees. Executive settlement plans have come under increased examination by regulative firms and investors alike. If you deal with a disagreement throughout the settlement of your executive pay package, job our attorneys might be able to assist you.
Why Should I Contact a Morgan & Morgan Employment Attorney?
The work and job labor attorneys at Morgan & Morgan have actually effectively pursued countless labor and work claims for individuals who need it most.
In addition to our effective performance history of representing victims of labor and employment claims, our labor lawyers likewise represent staff members before administrative companies 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 employee, do not think twice to contact our workplace. To discuss your legal rights and alternatives, fill out our free, no-obligation case review kind now.
What Does a Work Attorney Do?
Documentation.
First, your assigned legal team will collect records connected to your claim, including your contract, time sheets, and communications through e-mail or other job-related platforms.
These documents will help your lawyer understand the level of your claim and build your case for compensation.
Investigation.
Your lawyer and legal team will investigate your office claim in excellent detail to gather the necessary proof.
They will look at the files you offer and might also look at work records, contracts, and other work environment information.
Negotiation.
Your attorney will negotiate with the defense, beyond the courtroom, to help get you the payment 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 strongest possible form.
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