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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 one of the most employment lawsuits cases in the nation, consisting of those involving wrongful termination, discrimination, harassment, wage theft, employee misclassification, defamation, retaliation, denial of leave, and executive pay disagreements.

The workplace should be a safe location. Unfortunately, some employees are subjected to unjust and unlawful conditions by unethical employers. Workers might not know what their rights in the office are, or may hesitate of speaking up against their company in fear of retaliation. These labor offenses can cause lost salaries and benefits, missed out on opportunities for advancement, and excessive tension.

Unfair and inequitable labor practices against workers can take numerous forms, including wrongful termination, discrimination, harassment, rejection to provide a reasonable accommodation, denial of leave, employer retaliation, and wage and hour offenses. Workers who are victim to these and other unethical practices might not understand their rights, or may be afraid to speak out against their employer for fear of retaliation.

At Morgan & Morgan, our employment attorneys manage a range of civil lawsuits cases involving unfair labor practices against employees. Our lawyers have the knowledge, commitment, and experience needed to represent employees in a large variety of labor disputes. In fact, Morgan & Morgan has been acknowledged for submitting more labor and work cases than any other firm.

If you think you might have been the victim of unreasonable or unlawful treatment in the workplace, call us by completing our free case evaluation form.

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FAQ

Get answers to typically asked concerns 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 impairment).

Harassment (e.g., Unwanted sexual advances, Hostile Workplace).

Unfair Labor Practices (e.g., denial of earnings, overtime, idea pooling, and equal pay).

Misclassification.

Retaliation.

Denial of Leave (e.g. Family and job 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 unreasonable or unlawful. This is described wrongful termination, wrongful discharge, or wrongful dismissal.

There are lots of scenarios that might be grounds for a wrongful termination suit, consisting of:

Firing a worker out of retaliation.

Discrimination.

Firing a whistleblower.

Firing a worker who will not do something prohibited for their company.

If you believe you might have been fired without proper cause, our labor and work lawyers may be able to help you recuperate back pay, unpaid earnings, and other forms of compensation.

What Are the Most Common Forms of Workplace Discrimination?

It is illegal to victimize a task applicant or staff member on the basis of race, color, religious beliefs, sex, national origin, special needs, job or age. However, some employers do just that, causing a hostile and inequitable work environment where some workers are dealt with more positively than others.

Workplace discrimination can take lots of forms. Some examples consist of:

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

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

Not offering equal training chances for staff members of different religious backgrounds.

Imposing task eligibility criteria that deliberately evaluates out individuals with impairments.

Firing somebody based on a protected classification.

What Are Some Examples of Workplace Harassment?

When employees go through slurs, assaults, risks, ridicule, job offensive jokes, unwanted sexual advances, or spoken or physical conduct of a sexual nature, it can be thought about workplace harassment. Similar to workplace discrimination, office harassment produces a hostile and violent workplace.

Examples of workplace harassment consist of:

Making unwanted remarks 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 orientation.

Making unfavorable remarks about a worker’s religious beliefs.

Making prejudicial statements about an employee’s birthplace or family heritage.

Making negative 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 means that the harassment leads to an intangible change in a worker’s work status. For example, a staff member may be required to endure unwanted sexual advances 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 specific workers’ rights, including 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 employees.

However, some employers try to cut expenses by denying employees their rightful pay through deceiving approaches. 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 used toward holiday or sick time, rather than overtime pay for hours worked over 40 in a work week.

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

Forcing workers to spend for tools of the trade or other expenditures that their company ought 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 task duties.

A few of the most vulnerable professions to overtime and minimum wage offenses consist of:

IT workers.

Service technicians.

Installers.

Sales agents.

Nurses and healthcare workers.

Tipped employees.

Oil and gas field employees.

Call center employees.

Personal lenders, home loan brokers, and AMLs.

Retail workers.

Strippers.

FedEx motorists.

Disaster relief employees.

Pizza delivery chauffeurs.

What Is Employee Misclassification?

There are a variety of differences in between employees and self-employed employees, also called independent professionals or experts. Unlike employees, who are informed when and where to work, ensured a regular wage amount, and entitled to staff member benefits, among other criteria, independent contractors generally work on a short-term, contract basis with an organization, and are invoiced for their work. Independent specialists are not entitled to employee advantages, and should submit and withhold their own taxes, too.

However, in current years, some employers have actually abused category by misclassifying bonafide staff members as contractors in an effort to save cash and circumvent laws. This is most commonly seen among “gig economy” employees, such as rideshare motorists and shipment motorists.

Some examples of misclassifications include:

Misclassifying an employee as an independent professional to not have to comply with Equal Employment Opportunity Commission laws, which avoid employment discrimination.

Misclassifying an employee to avoid registering them in a health advantages prepare.

Misclassifying staff members to avoid paying minimum wage.

How Is Defamation of Character Defined?

Defamation is usually defined as the act of damaging the track record of a person through slanderous (spoken) or defamatory (written) remarks. When libel takes place in the office, it has the potential to damage team morale, develop alienation, or perhaps trigger long-lasting damage to an employee’s profession potential customers.

Employers are accountable for putting a stop to damaging gossiping amongst staff members if it is a routine and known occurrence in the workplace. Defamation of character in the workplace may include instances such as:

An employer making damaging and unproven claims, such as claims of theft or incompetence, towards a worker during a performance review

A staff member spreading out a damaging report about another employee that triggers them to be declined for a task in other places

A worker spreading chatter about an employee that causes other colleagues to prevent them

What Is Considered Employer Retaliation?

It is prohibited for a company to punish an employee for submitting a complaint or claim against their company. This is considered employer retaliation. Although employees are legally secured versus retaliation, it does not stop some employers from punishing a staff member who submitted a grievance in a range of methods, such as:

Reducing the worker’s income

Demoting the employee

Re-assigning the employee to a less-desirable job

Re-assigning the worker to a shift that develops a work-family dispute

Excluding the worker from essential work environment 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, job there are a number of federally mandated laws that secure staff members who must take an extended time period off from work.

Under the Family Medical Leave Act (FMLA), employers need to offer overdue leave time to staff members with a certifying family or private medical scenario, such as leave for the birth or adoption of a baby or delegate take care of a partner, kid, or moms and dad with a major health condition. If certified, workers are entitled to up to 12 weeks of unpaid leave time under the FMLA without worry of threatening their task status.

The Uniformed Services Employment and Reemployment Rights Act (USERRA), on the other hand, warranties specific securities to existing and former uniformed service members who may require to be absent from civilian work for a specific amount of time in order to serve in the militaries.

Leave of absence can be unfairly rejected in a number of methods, consisting of:

Firing a worker who took a leave of absence for the birth or adoption of their baby without simply cause

Demoting a staff member who took a leave of absence to take care of a dying moms and dad without just cause

Firing a re-employed service member who took a leave of absence 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 armed forces

What Is Executive Compensation?

Executive compensation is the mix of base money compensation, delayed settlement, efficiency bonuses, stock options, executive perks, severance plans, and more, job awarded to top-level management employees. Executive payment plans have actually come under increased examination by regulative firms and shareholders alike. If you deal with a dispute throughout the settlement of your executive pay plan, our lawyers might be able to help you.

Why Should I Contact a Morgan & Morgan Employment Attorney?

The work and labor attorneys at Morgan & Morgan have actually successfully 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 work claims, our labor lawyers 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 somebody you know may have been treated improperly by a company or another worker, do not think twice to contact our workplace. To discuss your legal rights and choices, submit our free, no-obligation case review form now.

What Does an Employment Attorney Do?

Documentation.
First, your designated legal team will collect records connected to your claim, including your agreement, time sheets, and communications via e-mail or other work-related platforms.
These documents will assist your attorney comprehend the extent of your claim and construct your case for compensation.

Investigation.
Your lawyer and legal group will examine your work environment claim in excellent detail to collect the essential evidence.
They will take a look at the documents you supply and may also take a look at work records, contracts, and other work environment data.

Negotiation.
Your lawyer will negotiate with the defense, outside of the courtroom, to help get you the payment you might 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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