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Labor and Employment Attorneys

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Were You Treated Unfairly While on the Job?

Morgan & Morgan’s employment lawyers file one of the most work lawsuits cases in the nation, including those involving wrongful termination, discrimination, harassment, wage theft, staff member misclassification, character assassination, retaliation, rejection of leave, and executive pay disputes.

The workplace needs to be a safe location. Unfortunately, some employees undergo unjust and prohibited conditions by deceitful employers. Workers might not know what their rights in the workplace are, or might hesitate of speaking up against their company in fear of retaliation. These labor offenses can result in lost incomes and advantages, missed opportunities for improvement, and excessive stress.

Unfair and inequitable labor practices against employees can take numerous kinds, including wrongful termination, discrimination, harassment, refusal to offer a reasonable lodging, denial of leave, employer retaliation, and wage and hour infractions. Workers who are victim to these and other unethical practices may 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 variety of civil lawsuits cases involving unreasonable labor practices versus workers. Our lawyers possess the understanding, dedication, and experience needed to represent employees in a vast array of labor disputes. In reality, Morgan & Morgan has been recognized for submitting more labor and work cases than any other firm.

If you think you may have been the victim of unreasonable or illegal treatment in the workplace, call us by completing our complimentary case evaluation type.

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FAQ

Get answers to commonly asked concerns about our legal services and learn how we may 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, religious beliefs, age, and disability).

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

Unfair Labor employment Practices (e.g., denial of wages, overtime, tip pooling, and equivalent pay).

Misclassification.

Retaliation.

Denial of Leave (e.g. Family and Medical Leave Act).

Reemployment Rights Act (USERRA).

Americans with Disability Act declares.

Executive Pay Disputes.

What Constitutes Wrongful Termination?

Sometimes staff members are let go for factors that are unjust or illegal. This is described wrongful termination, wrongful discharge, or wrongful termination.

There are lots of scenarios that might be premises for a wrongful termination suit, including:

Firing a worker out of retaliation.

Discrimination.

Firing a whistleblower.

Firing a staff member who will not do something unlawful for their company.

If you think you might have been fired without proper cause, our labor and employment lawyers might have the ability to help you recuperate back pay, overdue incomes, and other types of compensation.

What Are the Most Common Forms of Workplace Discrimination?

It is prohibited to discriminate against a task applicant or employee on the basis of race, employment color, religion, sex, national origin, disability, or age. However, some employers do just that, causing a hostile and inequitable work environment where some employees are dealt with more favorably than others.

Workplace discrimination can take numerous forms. Some examples include:

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

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

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

Imposing task eligibility requirements that intentionally screens out individuals with impairments.

Firing someone based on a protected category.

What Are Some Examples of Workplace Harassment?

When workers go through slurs, attacks, hazards, ridicule, offensive jokes, undesirable sexual advances, or spoken or physical conduct of a sexual nature, it can be thought about workplace harassment. Similar to workplace discrimination, work environment harassment produces a hostile and abusive work environment.

Examples of office harassment include:

Making undesirable remarks about an employee’s look or body.

Telling a repulsive or sexual joke to a colleague.

Using slurs or racial epithets.

Making prejudicial statements about an employee’s sexual preference.

Making unfavorable comments about an employee’s faiths.

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

Making negative comments or jokes about the age of a staff member over the age of 40.

Workplace harassment can also take the type of quid professional quo harassment. This means that the harassment leads to an intangible modification in an employee’s employment status. For example, an employee may be required 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) established certain 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 employees.

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

Paying an employee less than the minimum wage.

Giving an employee “comp time” or hours that can be used towards getaway or sick time, instead of overtime pay for hours worked over 40 in a work week.

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

Forcing employees to pay for tools of the trade or employment other costs that their employer must pay.

Misclassifying a worker that needs to be paid overtime as “exempt” by promoting them to a “supervisory” position without in fact altering the employee’s job duties.

Some of the most susceptible professions to overtime and minimum wage violations include:

IT employees.

Service service technicians.

Installers.

Sales agents.

Nurses and healthcare workers.

Tipped workers.

Oil and gas field workers.

Call center workers.

Personal lenders, mortgage brokers, and AMLs.

Retail staff members.

Strippers.

FedEx motorists.

Disaster relief employees.

Pizza delivery drivers.

What Is Employee Misclassification?

There are a variety of differences in between employees and self-employed employees, likewise referred to as independent specialists or specialists. Unlike employees, who are informed when and where to work, ensured a regular wage amount, and entitled to employee benefits, among other criteria, independent contractors normally work on a short-term, agreement basis with a company, and are invoiced for their work. Independent professionals are not entitled to employee advantages, and must submit and withhold their own taxes, also.

However, over the last few years, some companies have abused classification by misclassifying bonafide workers as specialists in an effort to save money and prevent laws. This is most commonly seen among “gig economy” employees, such as rideshare drivers and delivery drivers.

Some examples of misclassifications include:

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

Misclassifying an employee to avoid registering them in a health benefits plan.

Misclassifying employees to avoid paying minimum wage.

How Is Defamation of Character Defined?

Defamation is normally defined as the act of harming the credibility of a person through slanderous (spoken) or defamatory (written) comments. When character assassination happens in the work environment, it has the prospective to harm team spirits, produce alienation, and even trigger long-term damage to a worker’s profession potential customers.

Employers are accountable for putting a stop to damaging gossiping amongst workers if it is a routine and known occurrence in the work environment. Defamation of character in the office may consist of circumstances such as:

An employer making harmful and unfounded claims, such as claims of theft or incompetence, toward a worker during an efficiency review

A worker spreading out a harmful rumor about another staff member that causes them to be denied for a job somewhere else

A staff member spreading gossip about an employee that triggers other colleagues to avoid them

What Is Considered Employer Retaliation?

It is prohibited for a company to penalize an employee for submitting a complaint or lawsuit against their employer. This is thought about company retaliation. Although employees are legally secured versus retaliation, it doesn’t stop some companies from punishing an employee who submitted a grievance in a range of ways, such as:

Reducing the worker’s income

Demoting the employee

Re-assigning the employee to a less-desirable job

Re-assigning the employee to a shift that develops a work-family conflict

Excluding the employee from vital workplace activities such as training sessions

What If a Business Denies a Leave of Absence?

While leave of lack laws differ from one state to another, there are a variety of federally mandated laws that protect employees who must take a prolonged time period off from work.

Under the Family Medical Leave Act (FMLA), employers must offer overdue leave time to employees with a qualifying household or specific medical circumstance, such as leave for the birth or adoption of a child or delegate care for a partner, kid, or moms and dad with a major health condition. If qualified, employees are entitled to approximately 12 weeks of overdue leave time under the FMLA without worry of threatening their job status.

The Uniformed Services Employment and Reemployment Rights Act (USERRA), on the other hand, warranties certain defenses to existing and previous uniformed service members who may need to be missing from civilian work for a specific time period in order to serve in the armed forces.

Leave of lack can be unfairly denied in a number of methods, consisting of:

Firing a staff member 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 care for a passing away moms and dad without simply cause

Firing a re-employed service member who took a leave of lack to serve in the militaries without simply cause

Retaliating against an existing or previous 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 payment, deferred compensation, efficiency perks, stock alternatives, executive perks, severance bundles, and more, granted to top-level management employees. Executive settlement bundles have actually come under increased scrutiny by regulative companies and shareholders alike. If you face a conflict during the negotiation of your executive pay plan, our lawyers might be able to assist you.

Why Should I Contact a Morgan & Morgan Employment Attorney?

The work and labor attorneys at Morgan & Morgan have successfully pursued thousands of labor and employment claims for individuals who need it most.

In addition to our successful track record of representing victims of labor and work claims, our labor employment attorneys likewise represent workers before administrative firms such as the Equal Employment Opportunity Commission (EEOC), Department of Labor (DOL), Occupational Safety and Health Administration (OSHA), and employment National Labor Relations Board (NLRB).

If you or someone you understand may have been dealt with incorrectly by an employer or another worker, do not be reluctant to call our workplace. To discuss your legal rights and alternatives, fill out our free, no-obligation case review type now.

What Does a Work Attorney Do?

Documentation.
First, your appointed legal team will collect records related to your claim, including your contract, time sheets, and interactions by means of email or other work-related platforms.
These files will assist your lawyer understand the level of your claim and develop your case for compensation.

Investigation.
Your attorney and legal group will examine your work environment claim in great detail to collect the required evidence.
They will look at the files you offer and may likewise take a look at employment records, agreements, and other office information.

Negotiation.
Your attorney will negotiate with the defense, outside of the courtroom, to help 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 greatest possible form.

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