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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 attorneys submit the a lot of work lawsuits cases in the nation, consisting of those including wrongful termination, discrimination, harassment, employment wage theft, staff member misclassification, libel, retaliation, rejection of leave, and executive pay disputes.

The work environment must be a safe location. Unfortunately, some workers go through unjust and prohibited conditions by deceitful employers. Workers may not know what their rights in the work environment are, or might be afraid of speaking out versus their company in worry of retaliation. These labor offenses can cause lost incomes and advantages, missed out on opportunities for advancement, and unnecessary stress.

Unfair and inequitable labor practices versus workers can take lots of types, consisting of wrongful termination, discrimination, harassment, refusal to provide a sensible lodging, rejection of leave, company retaliation, and wage and hour offenses. Workers who are victim to these and other dishonest practices may not understand their rights, or might hesitate to speak out against their company for worry of retaliation.

At Morgan & Morgan, our work attorneys deal with a range of civil litigation cases involving unreasonable labor practices versus workers. Our lawyers have the understanding, dedication, and experience needed to represent workers in a large range of labor disputes. In truth, Morgan & Morgan has actually been recognized for submitting more labor and work cases than any other firm.

If you think you may have been the victim of unjust or prohibited treatment in the workplace, call us by finishing our free case examination type.

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FAQ

Get answers to commonly asked concerns about our legal services and discover how we may help 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, employment religion, age, and impairment).

Harassment (e.g., Unwanted sexual advances, Hostile Work Environment).

Unfair Labor Practices (e.g., employment rejection of wages, overtime, idea 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 let go for reasons that are unjust or unlawful. This is called wrongful termination, wrongful discharge, or wrongful dismissal.

There are many scenarios that may be grounds for a wrongful termination claim, consisting of:

Firing a staff member out of retaliation.

Discrimination.

Firing a whistleblower.

Firing a staff member who will not do something illegal for their employer.

If you think you might have been fired without correct cause, our labor and employment attorneys might have the ability to help you recover back pay, overdue wages, and other kinds of payment.

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

It is prohibited to discriminate versus a job applicant or worker on the basis of race, color, religious beliefs, sex, national origin, disability, or age. However, some companies do simply that, leading to a hostile and inequitable workplace where some workers are treated more favorably 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 employee for a promo in favor of a male staff member with less experience.

Not supplying equivalent training opportunities for staff members of various spiritual backgrounds.

Imposing job eligibility criteria that deliberately evaluates out individuals with disabilities.

Firing someone based upon a secured category.

What Are Some Examples of Workplace Harassment?

When employees undergo slurs, attacks, dangers, ridicule, offending jokes, unwanted sexual advances, or verbal or physical conduct of a sexual nature, it can be thought about workplace harassment. Similar to workplace discrimination, work environment harassment develops a hostile and abusive workplace.

Examples of workplace harassment consist of:

Making undesirable remarks about a worker’s appearance or body.

Telling a vulgar or sexual joke to a colleague.

Using slurs or racial epithets.

Making prejudicial declarations about a worker’s sexual preference.

Making negative remarks about an employee’s religions.

Making prejudicial declarations about an employee’s birthplace or household heritage.

Making unfavorable comments or jokes about the age of a worker over the age of 40.

Workplace harassment can likewise take the type of quid professional quo harassment. This indicates that the harassment leads to an intangible change in a worker’s employment status. For instance, a staff member might be forced to endure unwanted sexual advances from a manager as a condition of their continued work.

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

The Fair Labor Standards Act (FLSA) established specific workers’ rights, consisting of 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 staff members.

However, some employers try to cut costs by rejecting employees their rightful pay through sly methods. This is called wage theft, and includes examples such as:

Paying an employee less than the federal base pay.

Giving a worker “comp time” or hours that can be used towards getaway 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 employees, such as managers or cooks.

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

Misclassifying an employee that ought to be paid overtime as “exempt” by promoting them to a “managerial” position without in fact changing the employee’s job tasks.

Some of the most susceptible professions to overtime and employment minimum wage infractions consist of:

IT employees.

Service technicians.

Installers.

Sales agents.

Nurses and health care workers.

Tipped staff members.

Oil and gas field workers.

Call center workers.

Personal lenders, home mortgage brokers, and AMLs.

Retail staff members.

Strippers.

FedEx motorists.

Disaster relief workers.

Pizza delivery drivers.

What Is Employee Misclassification?

There are a number of distinctions in between workers and self-employed workers, likewise called independent contractors or consultants. Unlike workers, who are told when and where to work, guaranteed a routine wage quantity, and entitled to employee benefits, to name a few criteria, independent specialists typically deal with a short-term, agreement basis with a company, and are invoiced for their work. Independent professionals are not entitled to worker benefits, and must submit and keep their own taxes, too.

However, over the last few years, some companies have actually abused category by misclassifying bonafide workers as professionals in an attempt to conserve cash and circumvent laws. This is most typically seen amongst “gig economy” employees, such as rideshare drivers and employment shipment motorists.

Some examples of misclassifications consist of:

Misclassifying an employee as an independent contractor to not need to adhere to Equal Employment Opportunity Commission laws, which prevent work discrimination.

Misclassifying an employee to prevent registering them in a health benefits prepare.

Misclassifying workers to prevent paying base pay.

How Is Defamation of Character Defined?

Defamation is usually specified as the act of harming the track record of an individual through slanderous (spoken) or defamatory (written) comments. When character assassination happens in the workplace, it has the potential to damage group morale, develop alienation, or even cause long-term damage to an employee’s career potential customers.

Employers are accountable for stopping harmful gossiping amongst staff members if it is a routine and recognized occurrence in the office. Defamation of character in the office may consist of circumstances such as:

A company making harmful and unfounded allegations, such as claims of theft or incompetence, towards a worker during an efficiency evaluation

A staff member spreading a harmful rumor about another worker that causes them to be rejected for a task in other places

A staff member dispersing chatter about a worker that causes other colleagues to prevent them

What Is Considered Employer Retaliation?

It is prohibited for a company to punish a staff member for filing a grievance or claim versus their company. This is considered employer retaliation. Although workers are lawfully secured against retaliation, it doesn’t stop some employers from punishing a worker who submitted a grievance in a range of methods, such as:

Reducing the worker’s wage

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 worker from vital work environment activities such as training sessions

What If a Company Denies a Leave of Absence?

While leave of lack laws differ from state to state, there are a variety of federally mandated laws that secure employees who should take a prolonged amount of time off from work.

Under the Family Medical Leave Act (FMLA), employers must provide unsettled leave time to staff members with a certifying household or specific medical circumstance, such as leave for employment the birth or adoption of an infant or leave to care for a partner, kid, or moms and dad with a serious health condition. If qualified, employees are entitled to as much as 12 weeks of unsettled leave time under the FMLA without fear of jeopardizing their job status.

The Uniformed Services Employment and Reemployment Rights Act (USERRA), on the other hand, guarantees certain securities to existing and former uniformed service members who might require to be absent from civilian work for a specific duration of time in order to serve in the armed forces.

Leave of lack can be unfairly rejected in a variety of methods, consisting of:

Firing an employee who took a leave of lack for the birth or adoption of their baby without simply cause

Demoting an employee 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 lack to serve in the armed forces without simply cause

Retaliating versus a present or previous service member who took a leave of absence to serve in the militaries

What Is Executive Compensation?

Executive settlement is the mix of base cash compensation, postponed payment, performance bonus offers, stock choices, executive benefits, severance plans, and more, granted to high-level management employees. Executive settlement bundles have actually come under increased analysis by regulatory agencies and shareholders alike. If you deal with a dispute during the negotiation of your executive pay package, our lawyers might be able to help you.

Why Should I Contact a Morgan & Morgan Employment Attorney?

The work and labor legal representatives at Morgan & Morgan have actually effectively pursued thousands of labor and work claims for individuals who require it most.

In addition to our successful track record of representing victims of labor and employment claims, our labor lawyers also represent employees before administrative agencies 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 a company or another employee, do not hesitate to call our workplace. To discuss your legal rights and options, fill out our free, no-obligation case evaluation form now.

What Does a Work Attorney Do?

Documentation.
First, your appointed legal team will collect records connected to your claim, including your agreement, time sheets, and interactions by means of e-mail or other job-related platforms.
These files will assist your lawyer understand the level of your claim and construct your case for compensation.

Investigation.
Your lawyer and legal team will investigate your work environment claim in fantastic information to gather the needed evidence.
They will take a look at the files you provide and may also take a look at employment records, agreements, and other workplace data.

Negotiation.
Your attorney will work out with the defense, beyond the courtroom, to help get you the settlement 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 type.

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