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Labor and Employment Attorneys
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– Protecting Families Since 1988.
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Were You Treated Unfairly While on the Job?
Morgan & Morgan’s employment attorneys file one of the most work lawsuits cases in the nation, consisting of those including wrongful termination, discrimination, harassment, wage theft, employee misclassification, defamation, retaliation, denial of leave, and executive pay disputes.
The workplace should be a safe location. Unfortunately, some employees go through unjust and unlawful conditions by dishonest companies. Workers might not know what their rights in the office are, or might hesitate of speaking up versus their employer in worry of retaliation. These labor violations can result in lost salaries and advantages, employment missed chances for improvement, and undue stress.
Unfair and discriminatory labor practices versus workers can take many kinds, consisting of wrongful termination, discrimination, harassment, rejection to give a sensible lodging, denial of leave, company retaliation, and wage and hour violations. Workers who are victim to these and other unethical practices might not understand their rights, or may hesitate to speak up against their employer for fear of retaliation.
At Morgan & Morgan, our work lawyers manage a range of civil lawsuits cases including unjust labor practices against workers. Our attorneys have the understanding, dedication, and experience required to represent workers in a wide variety of labor disputes. In reality, Morgan & Morgan has actually been acknowledged for filing more labor and employment cases than any other firm.
If you believe you may have been the victim of unreasonable or illegal treatment in the workplace, contact us by completing our totally free case examination type.
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FAQ
Get the answer to commonly asked questions about our legal services and discover how we might assist you with your case.
What Does Labor Law and Employment Law Cover?
Our practice represents people who have actually 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 salaries, overtime, suggestion 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 staff members are let go for reasons that are unreasonable or illegal. This is termed wrongful termination, wrongful discharge, or employment wrongful termination.
There are numerous situations that might be premises for a wrongful termination suit, consisting of:
Firing an employee out of retaliation.
Discrimination.
Firing a whistleblower.
Firing a worker who won’t do something unlawful for their employer.
If you believe you might have been fired without proper cause, our labor and employment lawyers might have the ability to help you recuperate back pay, unsettled incomes, and other kinds of payment.
What Are one of the most Common Forms of Workplace Discrimination?
It is unlawful to victimize a task candidate or employee on the basis of race, color, faith, sex, nationwide origin, disability, or age. However, some companies do simply that, resulting in a hostile and inequitable workplace where some employees are dealt with more favorably than others.
Workplace discrimination can take numerous types. Some examples consist of:
Refusing to hire somebody on the basis of their skin color.
Passing over a qualified female employee for a promo in favor of a male worker with less experience.
Not providing equal training opportunities for workers of different religious backgrounds.
Imposing task eligibility criteria that deliberately screens out people with impairments.
Firing somebody based on a protected category.
What Are Some Examples of Workplace Harassment?
When employees are subjected to slurs, assaults, hazards, ridicule, offending jokes, undesirable sexual advances, or spoken or physical conduct of a sexual nature, it can be thought about workplace harassment. Similar to workplace discrimination, office harassment creates a hostile and violent work environment.
Examples of work environment harassment consist of:
Making unwelcome remarks about an employee’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 preference.
Making negative remarks about a worker’s spiritual beliefs.
Making prejudicial statements about an employee’s birthplace or family heritage.
Making negative remarks or jokes about the age of a staff member over the age of 40.
Workplace harassment can likewise take the kind of quid professional quo harassment. This implies that the harassment leads to an intangible change in an employee’s employment status. For example, a staff member might be required to tolerate sexual harassment from a supervisor as a condition of their continued employment.
Which Industries Have one of the most Overtime and Minimum Wage Violations?
The Fair Labor Standards Act (FLSA) developed 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 companies try to cut expenses by denying employees their rightful pay through sly methods. This is called wage theft, and consists of examples such as:
Paying an employee less than the federal base pay.
Giving an employee “comp time” or hours that can be used towards vacation or sick time, rather than overtime spend 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 workers to spend for tools of the trade or other costs that their employer need to pay.
Misclassifying a worker that needs to be paid overtime as “exempt” by promoting them to a “supervisory” position without really altering the worker’s task duties.
Some of the most vulnerable professions to overtime and minimum wage offenses include:
IT employees.
Service specialists.
Installers.
Sales agents.
Nurses and health care workers.
Tipped employees.
Oil and gas field employees.
Call center workers.
Personal bankers, mortgage brokers, and AMLs.
Retail staff members.
Exotic dancers.
FedEx motorists.
Disaster relief employees.
Pizza shipment chauffeurs.
What Is Employee Misclassification?
There are a number of differences in between employees and self-employed employees, also understood as independent professionals or experts. Unlike workers, who are told when and where to work, guaranteed a routine wage quantity, and entitled to staff member benefits, amongst other requirements, independent contractors usually deal with a short-term, agreement basis with a business, and are invoiced for their work. Independent specialists are not to worker benefits, and must submit and keep their own taxes, as well.
However, in current years, some companies have abused category by misclassifying bonafide employees as contractors in an attempt to conserve cash and prevent laws. This is most commonly seen amongst “gig economy” employees, such as rideshare motorists and delivery drivers.
Some examples of misclassifications consist of:
Misclassifying an employee as an independent professional to not have to comply with Equal Job opportunity Commission laws, which avoid work discrimination.
Misclassifying an employee to avoid enrolling them in a health advantages prepare.
Misclassifying employees to prevent paying out base pay.
How Is Defamation of Character Defined?
Defamation is generally defined as the act of damaging the track record of an individual through slanderous (spoken) or libelous (written) remarks. When libel occurs in the workplace, it has the prospective to damage group morale, produce alienation, or perhaps trigger long-term damage to a worker’s career prospects.
Employers are accountable for stopping hazardous gossiping among staff members if it is a regular and known event in the office. Defamation of character in the workplace may include instances such as:
An employer making harmful and unfounded claims, such as claims of theft or incompetence, toward a worker during a performance review
A staff member spreading a damaging report about another staff member that triggers them to be declined for a job somewhere else
A staff member spreading gossip about an employee that triggers other coworkers to prevent them
What Is Considered Employer Retaliation?
It is illegal for a company to punish a worker for filing a complaint or lawsuit versus their employer. This is considered company retaliation. Although employees are legally safeguarded against retaliation, it doesn’t stop some employers from penalizing a worker who submitted a complaint in a variety of ways, such as:
Reducing the employee’s salary
Demoting the worker
Re-assigning the employee to a less-desirable task
Re-assigning the employee to a shift that creates a work-family dispute
Excluding the employee from necessary work environment activities such as training sessions
What If a Business Denies a Leave of Absence?
While leave of absence laws differ from state to state, there are a variety of federally mandated laws that safeguard staff members who should take a prolonged amount of time off from work.
Under the Family Medical Leave Act (FMLA), companies need to use overdue leave time to employees with a certifying household or private medical situation, such as leave for the birth or adoption of an infant or leave to take care of a spouse, kid, or moms and dad with a serious health condition. If certified, staff members are entitled to as much as 12 weeks of overdue leave time under the FMLA without worry of jeopardizing their task status.
The Uniformed Services Employment and Reemployment Rights Act (USERRA), on the other hand, warranties certain securities to current and former uniformed service members who may need to be absent from civilian work for a particular amount of time in order to serve in the armed forces.
Leave of absence can be unfairly rejected in a number of methods, including:
Firing a staff member 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 lack 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 armed forces without just cause
Retaliating against an existing or previous service member who took a leave of absence to serve in the militaries
What Is Executive Compensation?
Executive settlement is the combination of base money payment, postponed compensation, performance perks, stock options, executive perks, severance bundles, and more, employment granted to high-level management workers. Executive payment bundles have come under increased scrutiny by regulatory agencies and investors alike. If you deal with a disagreement during the settlement of your executive pay bundle, employment our attorneys may have the ability 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 work claims for individuals who need it most.
In addition to our successful performance history of representing victims of labor and employment claims, our labor attorneys likewise represent workers before administrative agencies 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 someone you know might have been dealt with improperly by a company or another worker, do not hesitate to call our office. To discuss your legal rights and options, submit our free, no-obligation case review type now.
What Does a Work Attorney Do?
Documentation.
First, your appointed legal team will gather records connected to your claim, including your contract, time sheets, and communications by means of email or other work-related platforms.
These files will help your lawyer understand the degree of your claim and construct your case for payment.
Investigation.
Your attorney and legal team will investigate your office claim in great detail to collect the required evidence.
They will look at the documents you offer and may likewise take a look at employment records, agreements, and other workplace information.
Negotiation.
Your attorney will work out with the defense, beyond the courtroom, to assist get you the compensation you may be entitled to.
If settlement negotiations are unsuccessful, your attorney is prepared to go to trial and present your case in the strongest possible kind.
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