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Labor and Employment Attorneys

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Were You Treated Unfairly While on the Job?

Morgan & Morgan’s employment attorneys submit the many work litigation cases in the country, consisting of those involving wrongful termination, discrimination, harassment, wage theft, worker misclassification, defamation, retaliation, denial of leave, and executive pay conflicts.

The work environment should be a safe place. Unfortunately, some workers go through unjust and unlawful conditions by dishonest companies. Workers might not understand what their rights in the workplace are, or may hesitate of speaking up against their company in worry of retaliation. These labor violations can cause lost incomes and advantages, missed opportunities for development, and undue stress.

Unfair and discriminatory labor practices versus workers can take numerous kinds, consisting of wrongful termination, discrimination, harassment, refusal to offer a reasonable accommodation, rejection of leave, company retaliation, and employment wage and hour violations. Workers who are victim to these and other dishonest practices may not understand their rights, or may hesitate to speak out versus their employer for fear of retaliation.

At Morgan & Morgan, our work lawyers deal with a variety of civil litigation cases including unfair labor practices versus staff members. Our lawyers possess the understanding, dedication, and employment experience required to represent workers in a large range of labor conflicts. In reality, Morgan & Morgan has actually been recognized for filing more labor and employment cases than any other firm.

If you think you might have been the victim of unjust or unlawful treatment in the office, contact us by completing our totally free case assessment kind.

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FAQ

Get the answer to commonly asked questions about our legal services and find out how we might assist 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, national origin, religion, age, and impairment).

Harassment (e.g., Sexual Harassment, 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 workers are release for reasons that are unreasonable or prohibited. This is described wrongful termination, wrongful discharge, or wrongful termination.

There are numerous scenarios that may be premises for a wrongful termination claim, consisting of:

Firing a staff member out of retaliation.

Discrimination.

Firing a whistleblower.

Firing an employee who will not do something illegal for their employer.

If you think you might have been fired without appropriate cause, our labor and work lawyers may have the ability to help you recover back pay, unpaid incomes, and other types of compensation.

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

It is unlawful to discriminate against a task candidate or worker on the basis of race, color, faith, sex, national origin, disability, or age. However, some employers do just that, resulting in a hostile and inequitable workplace where some employees are dealt with more positively than others.

Workplace discrimination can take many forms. Some examples include:

Refusing to employ someone on the basis of their skin color.

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

Not supplying equivalent training opportunities for workers of various religious backgrounds.

Imposing task eligibility requirements that deliberately evaluates out people with disabilities.

Firing somebody based upon a secured classification.

What Are Some Examples of Workplace Harassment?

When workers are subjected to slurs, assaults, dangers, ridicule, offensive jokes, unwelcome sexual advances, or spoken or physical conduct of a sexual nature, it can be considered workplace harassment. Similar to workplace discrimination, workplace harassment creates a hostile and abusive workplace.

Examples of office harassment consist of:

Making unwanted comments about an employee’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 orientation.

Making negative remarks about a staff member’s faiths.

Making prejudicial statements about a worker’s birthplace or household heritage.

Making unfavorable comments 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 leads to an intangible modification in a staff member’s work status. For example, a staff member may be required to tolerate sexual harassment from a manager as a condition of their continued employment.

Which Industries Have one of the most Overtime and Base Pay Violations?

The Fair Labor Standards Act (FLSA) developed certain 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 employees.

However, some companies attempt to cut costs by denying employees their rightful pay through deceitful approaches. This is called wage theft, and consists of examples such as:

Paying a worker less than the federal base pay.

Giving an employee « comp time » or hours that can be utilized toward vacation or ill time, instead of overtime pay for hours worked over 40 in a work week.

Forcing tipped employees to pool their tips with non-tipped employees, such as supervisors or cooks.

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

Misclassifying a worker that must be paid overtime as « exempt » by promoting them to a « managerial » position without actually changing the worker’s job duties.

A few of the most susceptible professions to overtime and base pay infractions consist of:

IT workers.

Service professionals.

Installers.

Sales agents.

Nurses and healthcare workers.

Tipped workers.

Oil and gas field employees.

Call center employees.

Personal lenders, home mortgage brokers, and AMLs.

Retail staff members.

Exotic dancers.

FedEx drivers.

Disaster relief workers.

Pizza shipment motorists.

What Is Employee Misclassification?

There are a number of differences between employees and self-employed workers, also called independent specialists or specialists. Unlike workers, who are told when and where to work, ensured a regular wage quantity, and entitled to staff member advantages, amongst other criteria, independent professionals usually work on a short-term, contract basis with a business, and are invoiced for their work. Independent specialists are not entitled to employee benefits, and must submit and keep their own taxes, too.

However, recently, some employers have actually abused classification by misclassifying bonafide employees as specialists in an attempt to conserve cash and prevent laws. This is most commonly seen amongst « gig economy » workers, such as rideshare motorists and shipment motorists.

Some examples of misclassifications consist of:

Misclassifying a worker as an independent contractor to not need to abide by Equal Job opportunity Commission laws, which avoid employment discrimination.

Misclassifying a worker to avoid registering them in a health advantages prepare.

Misclassifying employees to prevent paying out minimum wage.

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 defamation occurs in the office, it has the possible to damage team spirits, develop alienation, and even cause long-lasting damage to a worker’s career prospects.

Employers are responsible for putting a stop to damaging gossiping among employees if it is a regular and known event in the work environment. Defamation of character in the workplace may include circumstances such as:

An employer making damaging and unfounded claims, such as claims of theft or incompetence, toward an employee during a performance evaluation

An employee spreading a hazardous rumor about another worker that causes them to be declined for a job in other places

A staff member dispersing chatter about an employee that causes other colleagues to avoid them

What Is Considered Employer Retaliation?

It is illegal for a business to punish an employee for submitting a grievance or claim against their employer. This is thought about company retaliation. Although employees are legally secured against retaliation, it doesn’t stop some employers from punishing a staff member who submitted a problem in a range of methods, such as:

Reducing the worker’s wage

Demoting the worker

Re-assigning the worker to a less-desirable job

Re-assigning the worker to a shift that produces a work-family conflict

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 secure employees who need to take an extended time period off from work.

Under the Family Medical Leave Act (FMLA), companies must provide overdue leave time to staff members with a certifying household or individual scenario, such as leave for the birth or adoption of a baby or leave to take care of a spouse, employment child, or parent with a serious health condition. If certified, workers are entitled to approximately 12 weeks of unsettled leave time under the FMLA without fear of endangering their task status.

The Uniformed Services Employment and Reemployment Rights Act (USERRA), on the other hand, guarantees certain securities to existing and previous uniformed service members who might need to be absent from civilian employment for a particular amount of time in order to serve in the militaries.

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

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

Demoting a staff member who took a leave of absence to look after 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 armed forces without simply cause

Retaliating against a current or former service member who took a leave of lack to serve in the militaries

What Is Executive Compensation?

Executive payment is the combination of base cash settlement, deferred compensation, efficiency benefits, stock options, executive perks, severance bundles, and more, granted to high-level management employees. Executive compensation plans have come under increased examination by regulative firms and shareholders alike. If you face a dispute throughout the negotiation of your executive pay bundle, our lawyers 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 actually successfully pursued thousands of labor and employment claims for individuals who need it most.

In addition to our effective performance history of representing victims of labor and employment claims, our labor attorneys likewise represent staff members 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 treated improperly by an employer or another worker, do not think twice to call our office. To discuss your legal rights and choices, submit our free, no-obligation case evaluation kind now.

What Does an Employment Attorney Do?

Documentation.
First, your assigned legal team will gather records related to your claim, including your agreement, time sheets, and interactions via e-mail or other work-related platforms.
These documents will assist your lawyer comprehend the degree of your claim and develop your case for compensation.

Investigation.
Your attorney and legal team will investigate your work environment claim in excellent detail to gather the necessary evidence.
They will take a look at the files you provide and might also take a look at employment records, contracts, and other office data.

Negotiation.
Your attorney will work out with the defense, beyond the courtroom, to assist get you the compensation you might be entitled to.
If settlement negotiations are unsuccessful, your attorney is prepared to go to trial and present your case in the strongest possible type.

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