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Labor and Employment Attorneys
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Were You Treated Unfairly While on the Job?
Morgan & Morgan's work attorneys submit the many employment litigation cases in the country, consisting of those involving wrongful termination, discrimination, harassment, wage theft, employee misclassification, disparagement, retaliation, rejection of leave, and executive pay disputes.
The work environment ought to be a safe place. Unfortunately, some employees go through unfair and prohibited conditions by unethical employers. Workers may not know what their rights in the office are, or may hesitate of speaking out versus their employer in worry of retaliation. These labor infractions can cause lost incomes and benefits, missed out on opportunities for advancement, and excessive stress.
Unfair and inequitable labor practices versus employees can take many forms, including wrongful termination, discrimination, harassment, rejection to offer an affordable lodging, rejection 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 out against their company for worry of retaliation.
At Morgan & Morgan, our employment lawyers deal with a range of civil litigation cases including unreasonable labor practices against workers. Our attorneys have the knowledge, devotion, and experience needed to represent workers in a large range of labor disagreements. In truth, Morgan & Morgan has actually been recognized for submitting more labor and employment cases than any other company.
If you believe you may have been the victim of unreasonable or prohibited treatment in the work environment, contact us by finishing our free case examination kind.
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What Does Labor Law and Employment Law Cover?
Our practice represents individuals who have been the victim of:
Wrongful Termination.
Discrimination (e.g., sex, race, color, harassment, nationwide origin, faith, age, and impairment).
Harassment (e.g., Sexual Harassment, Hostile Workplace).
Unfair Labor Practices (e.g., rejection of wages, 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 unreasonable or prohibited. This is called wrongful termination, wrongful discharge, or wrongful termination.
There are many situations that might be grounds for a wrongful termination lawsuit, 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 proper cause, our labor and work lawyers might have the ability to help you recover back pay, unpaid salaries, and other forms of compensation.
What Are the Most Common Forms of Workplace Discrimination?
It is prohibited to victimize a task candidate or staff member on the basis of race, color, religious beliefs, sex, nationwide origin, special needs, or age. However, some employers do simply that, causing a hostile and inequitable work environment where some employees are treated more positively than others.
Workplace discrimination can take lots of forms. Some examples include:
Refusing to work with somebody on the basis of their skin color.
Passing over a certified female employee for a promo in favor of a male worker with less experience.
Not offering equal training opportunities for employees of various spiritual backgrounds.
Imposing job eligibility criteria that deliberately screens out people with disabilities.
Firing somebody based on a secured classification.
What Are Some Examples of Workplace Harassment?
When employees undergo slurs, assaults, dangers, ridicule, offensive jokes, unwelcome sexual advances, or verbal or physical conduct of a sexual nature, it can be thought about workplace harassment. Similar to workplace discrimination, workplace harassment creates a hostile and violent work environment.
Examples of workplace harassment include:
Making undesirable comments about an employee's appearance or body.
Telling a vulgar or sexual joke to a coworker.
Using slurs or racial epithets.
Making prejudicial statements about a worker's sexual preference.
Making negative remarks about a staff member's faiths.
Making prejudicial declarations about a staff member's birth place or household heritage.
Making negative remarks or jokes about the age of a staff member over the age of 40.
Workplace harassment can also take the type of quid pro quo harassment. This implies that the harassment leads to an intangible modification in a worker's work status. For example, an employee may be forced to tolerate unwanted sexual advances from a manager as a condition of their continued work.
Which Industries Have the Most Overtime and Base Pay Violations?
The Fair Labor Standards Act (FLSA) developed certain 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 employees.
However, some employers try to cut costs by denying workers their rightful pay through deceiving techniques. This is called wage theft, and includes examples such as:
Paying an employee less than the federal base pay.
Giving an employee "comp time" or hours that can be utilized toward vacation 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, employment such as managers or cooks.
Forcing workers to pay for employment tools of the trade or other expenses that their company ought to pay.
Misclassifying an employee that should be paid overtime as "exempt" by promoting them to a "managerial" position without in fact changing the worker's task duties.
A few of the most susceptible professions to overtime and base pay violations consist of:
IT workers.
Service service technicians.
Installers.
Sales representatives.
Nurses and healthcare workers.
Tipped employees.
Oil and gas field employees.
Call center employees.
Personal bankers, mortgage brokers, and AMLs.
Retail employees.
Exotic dancers.
FedEx motorists.
Disaster relief employees.
Pizza delivery motorists.
What Is Employee Misclassification?
There are a variety of distinctions between workers and self-employed workers, also called independent contractors or consultants. Unlike workers, who are told when and where to work, ensured a regular wage amount, and entitled to employee advantages, amongst other criteria, independent contractors usually work on a short-term, contract basis with a company, and are invoiced for their work. Independent contractors are not entitled to staff member advantages, and need to submit and withhold their own taxes, as well.
However, recently, employment some companies have abused classification by misclassifying bonafide staff members as contractors in an attempt to save money and prevent laws. This is most frequently seen amongst "gig economy" employees, such as rideshare drivers and shipment motorists.
Some examples of misclassifications consist of:
Misclassifying a worker as an independent contractor to not need to abide by Equal Employment Opportunity Commission laws, which avoid work discrimination.
Misclassifying a worker to prevent enrolling them in a health benefits plan.
Misclassifying workers to prevent paying base pay.
How Is Defamation of Character Defined?
Defamation is generally defined as the act of harming the credibility of a person through slanderous (spoken) or false (written) comments. When libel takes place in the workplace, it has the potential to damage group morale, produce alienation, or even cause long-lasting damage to an employee's profession potential customers.
Employers are accountable for putting a stop to hazardous gossiping among employees if it is a regular and recognized occurrence in the work environment. Defamation of character in the office may consist of instances such as:
An employer making harmful and unfounded accusations, such as claims of theft or incompetence, towards a worker during an efficiency evaluation
An employee spreading out a harmful rumor about another staff member that causes them to be rejected for employment a task in other places
An employee spreading gossip about an employee that triggers other coworkers to avoid them
What Is Considered Employer Retaliation?
It is prohibited for a company to penalize a worker for submitting a problem or claim versus their company. This is considered company retaliation. Although employees are lawfully protected against retaliation, it doesn't stop some companies from punishing a worker who filed a grievance in a variety of methods, such as:
Reducing the worker's wage
Demoting the worker
Re-assigning the employee to a less-desirable job
Re-assigning the worker to a shift that creates a work-family conflict
Excluding the employee from essential work environment activities such as training sessions
What If a Company 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 staff members who need to take an extended time period off from work.
Under the Family Medical Leave Act (FMLA), employers need to offer unsettled leave time to workers with a certifying family or specific medical circumstance, such as leave for the birth or adoption of a child or delegate care for a spouse, child, or moms and dad with a severe health condition. If qualified, workers are entitled to as much as 12 weeks of unpaid 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, warranties particular protections to existing and former uniformed service members who might require to be missing from civilian work for a particular amount of time in order to serve in the militaries.
Leave of absence can be unfairly rejected in a number of ways, employment including:
Firing an employee who took a leave of lack for the birth or adoption of their child without simply cause
Demoting a staff member who took a leave of lack to care for a passing away parent without just cause
Firing a re-employed service member who took a leave of absence to serve in the armed forces without just 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 mix of base cash compensation, delayed settlement, efficiency bonuses, stock choices, executive benefits, severance bundles, and more, awarded to top-level management workers. Executive payment plans have actually come under increased examination by regulatory firms and shareholders alike. If you deal with a dispute throughout the settlement of your executive pay plan, our attorneys might be able to assist you.
Why Should I Contact a Morgan & Morgan Employment Attorney?
The work and labor lawyers at Morgan & Morgan have actually effectively pursued countless labor and employment claims for individuals who require it most.
In addition to our successful track record of representing victims of labor and employment claims, our labor attorneys likewise 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 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 choices, submit our totally free, no-obligation case review type now.
What Does an Employment Attorney Do?
Documentation.
First, your designated legal team will collect records associated with your claim, including your contract, time sheets, and interactions through e-mail or other work-related platforms.
These files will help your attorney understand the degree of your claim and build your case for compensation.
Investigation.
Your attorney and legal group will examine your workplace claim in fantastic detail to collect the needed proof.
They will look at the documents you provide and may likewise take a look at work records, agreements, and employment other work environment information.
Negotiation.
Your attorney will negotiate with the defense, outside of the courtroom, to assist get you the settlement you might be entitled to.
If settlement negotiations are unsuccessful, your attorney is prepared to go to trial and present your case in the greatest possible type.
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