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Labor and Employment Attorneys
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Were You Treated Unfairly While on the Job?
Morgan & Morgan's work lawyers file one of the most employment litigation cases in the country, including those including wrongful termination, discrimination, harassment, wage theft, worker misclassification, disparagement, retaliation, denial of leave, and executive pay disputes.
The workplace ought to be a safe place. Unfortunately, some employees are subjected to unreasonable and unlawful conditions by unethical companies. Workers might not understand what their rights in the office are, or may be afraid of speaking up versus their company in worry of retaliation. These labor violations can lead to lost earnings and benefits, missed out on opportunities for improvement, and unnecessary stress.
Unfair and discriminatory labor practices against employees can take numerous types, consisting of wrongful termination, discrimination, harassment, refusal to give a sensible lodging, denial of leave, employer retaliation, and wage and hour offenses. Workers who are victim to these and other dishonest practices might not know their rights, or may be afraid to speak out versus their employer for fear of retaliation.
At Morgan & Morgan, our employment lawyers deal with a variety of civil lawsuits cases involving unfair labor practices versus employees. Our lawyers possess the understanding, commitment, and experience required to represent workers in a wide variety of labor conflicts. In truth, Morgan & Morgan has actually been recognized for filing more labor and work cases than any other company.
If you believe you may have been the victim of unjust or illegal treatment in the office, call us by completing our totally free case evaluation kind.
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FAQ
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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, religion, age, and special needs).
Harassment (e.g., Unwanted sexual advances, Hostile Workplace).
Unfair Labor Practices (e.g., denial of incomes, overtime, pointer pooling, and equal 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 employees are let go for factors that are unjust or illegal. This is described wrongful termination, wrongful discharge, or wrongful termination.
There are many 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 prohibited for their company.
If you believe you may have been fired without proper cause, our labor and employment attorneys might be able to assist you recover back pay, unsettled incomes, and other types of settlement.
What Are the Most Common Forms of Workplace Discrimination?
It is illegal to discriminate against a job applicant or staff member on the basis of race, color, religion, sex, nationwide origin, disability, or age. However, some employers do simply that, causing a hostile and inequitable office where some workers are treated more favorably than others.
Workplace discrimination can take lots of forms. Some examples include:
Refusing to hire somebody on the basis of their skin color.
Passing over a qualified female worker for a promotion in favor of a male worker with less experience.
Not supplying equivalent training chances for employees of different spiritual backgrounds.
Imposing task eligibility criteria that deliberately evaluates out people with disabilities.
Firing someone based upon a secured category.
What Are Some Examples of Workplace Harassment?
When employees go through slurs, assaults, threats, ridicule, offending jokes, unwanted sexual advances, or verbal or physical conduct of a sexual nature, it can be considered workplace harassment. Similar to workplace discrimination, office harassment develops a hostile and abusive work environment.
Examples of office harassment consist of:
Making undesirable comments about a worker'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 orientation.
Making unfavorable comments about a worker's faiths.
Making prejudicial statements about a staff member's birth place or family heritage.
Making unfavorable comments or jokes about the age of a staff member over the age of 40.
Workplace harassment can likewise take the type of quid professional quo harassment. This implies that the harassment results in an intangible change in a staff member's employment status. For instance, a worker may be forced to endure unwanted sexual advances from a manager as a condition of their continued employment.
Which Industries Have the Most Overtime and Minimum Wage Violations?
The Fair Labor Standards Act (FLSA) established specific workers' rights, consisting of the right to a base pay (set federally at $7.25 since 2020) and overtime spend for all hours worked over 40 in a workweek for non-exempt staff members.
However, some employers attempt to cut expenses by rejecting workers their rightful pay through sly techniques. This is called wage theft, and consists of examples such as:
Paying an employee less than the federal minimum wage.
Giving a worker "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 employees to pool their ideas with non-tipped workers, such as supervisors or cooks.
Forcing workers to pay for tools of the trade or other expenditures that their company need to pay.
Misclassifying a worker that ought to be paid overtime as "exempt" by promoting them to a "managerial" position without in fact altering the employee's job duties.
A few of the most vulnerable professions to overtime and base pay infractions consist of:
IT workers.
Service professionals.
Installers.
Sales representatives.
Nurses and health care employees.
Tipped staff members.
Oil and gas field employees.
Call center employees.
Personal bankers, mortgage brokers, job and AMLs.
Retail staff members.
Exotic dancers.
FedEx motorists.
Disaster relief workers.
Pizza delivery drivers.
What Is Employee Misclassification?
There are a number of distinctions between workers and self-employed employees, likewise called independent professionals or experts. Unlike employees, who are told when and where to work, ensured a regular wage quantity, and entitled to employee advantages, to name a few requirements, independent contractors normally deal with a short-term, agreement basis with a company, and are invoiced for their work. Independent professionals are not entitled to worker advantages, and must submit and keep their own taxes, too.
However, in the last few years, some employers have actually abused category by misclassifying bonafide employees as contractors in an attempt to save money and prevent laws. This is most typically seen among "gig economy" employees, such as rideshare chauffeurs and chauffeurs.
Some examples of misclassifications consist of:
Misclassifying a worker as an independent contractor to not have to comply with Equal Job opportunity Commission laws, which avoid employment discrimination.
Misclassifying a worker to prevent registering them in a health advantages prepare.
Misclassifying staff members to prevent paying out base pay.
How Is Defamation of Character Defined?
Defamation is typically specified as the act of harming the credibility of a person through slanderous (spoken) or disparaging (written) comments. When character assassination takes place in the workplace, it has the potential to harm group spirits, produce alienation, or even cause long-lasting damage to a worker's career prospects.
Employers are accountable for stopping harmful gossiping amongst employees if it is a regular and known occurrence in the office. Defamation of character in the workplace may include circumstances such as:
A company making damaging and unfounded accusations, such as claims of theft or incompetence, towards a worker during an efficiency review
A staff member spreading out a damaging report about another employee that triggers them to be denied for a job in other places
An employee dispersing chatter about an employee that causes other coworkers to avoid them
What Is Considered Employer Retaliation?
It is prohibited for a business to penalize a worker for submitting a complaint or suit against their company. This is considered company retaliation. Although employees are lawfully safeguarded versus retaliation, it doesn't stop some companies from penalizing a staff member who filed a complaint in a range of methods, such as:
Reducing the employee's income
Demoting the employee
Re-assigning the employee to a less-desirable job
Re-assigning the employee to a shift that produces a work-family conflict
Excluding the worker from essential workplace activities such as training sessions
What If a Company Denies a Leave of Absence?
While leave of absence laws vary from one state to another, there are a variety of federally mandated laws that secure employees who must take a prolonged amount of time off from work.
Under the Family Medical Leave Act (FMLA), employers need to offer unsettled leave time to employees with a qualifying family or specific medical circumstance, such as leave for the birth or adoption of a child or delegate take care of a partner, child, or moms and dad 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 endangering their job status.
The Uniformed Services Employment and Reemployment Rights Act (USERRA), on the other hand, assurances certain defenses to present and former uniformed service members who might need to be missing from civilian employment for a particular time period in order to serve in the militaries.
Leave of lack can be unjustly denied in a variety of methods, including:
Firing a worker who took a leave of absence 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 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 versus a current or former service member who took a leave of lack to serve in the armed forces
What Is Executive Compensation?
Executive settlement is the mix of base money payment, postponed compensation, efficiency bonuses, stock options, executive perks, severance bundles, and more, granted to high-level management staff members. Executive settlement bundles have actually come under increased scrutiny by regulative agencies and shareholders alike. If you face a conflict during the negotiation of your executive pay bundle, our attorneys might be able to assist 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 the people who need it most.
In addition to our effective track record of representing victims of labor and work claims, our labor lawyers also represent workers 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 somebody you know may have been dealt with poorly by an employer or another staff member, do not be reluctant to call our office. To discuss your legal rights and options, fill out our complimentary, no-obligation case review kind now.
What Does a Work Attorney Do?
Documentation.
First, your assigned legal group will gather records associated with your claim, including your contract, time sheets, and interactions by means of email or other work-related platforms.
These documents will help your attorney understand the extent of your claim and build your case for payment.
Investigation.
Your lawyer and legal group will examine your workplace claim in excellent information to gather the required proof.
They will look at the documents you supply and may also take a look at work records, agreements, and other work environment data.
Negotiation.
Your lawyer will negotiate with the defense, beyond the courtroom, to assist get you the payment you may be entitled to.
If settlement negotiations are not successful, your lawyer is prepared to go to trial and present your case in the strongest possible kind.
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