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Labor and Employment Attorneys

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Were You Treated Unfairly While on the Job?

Morgan & Morgan’s employment attorneys submit one of the most employment litigation cases in the nation, including those involving wrongful termination, discrimination, harassment, wage theft, worker misclassification, character assassination, retaliation, denial of leave, and executive pay disagreements.

The office needs to be a safe location. Unfortunately, some employees are subjected to unreasonable and unlawful conditions by deceitful employers. Workers might not understand what their rights in the office are, or might hesitate of speaking out against their company in fear of retaliation. These labor offenses can lead to lost salaries and benefits, missed out on chances for improvement, and excessive stress.

Unfair and prejudiced labor practices versus staff members can take lots of types, including wrongful termination, discrimination, harassment, refusal to give a reasonable accommodation, rejection of leave, employer retaliation, and wage and hour offenses. Workers who are victim to these and other dishonest practices may not know their rights, or may hesitate to speak out versus their company for worry of retaliation.

At Morgan & Morgan, our employment attorneys manage a variety of civil lawsuits cases including unfair labor practices against employees. Our lawyers possess the knowledge, devotion, and experience needed to represent employees in a broad variety of labor conflicts. In reality, Morgan & Morgan has actually been recognized for filing 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 finishing our free case examination form.

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FAQ

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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 disability).

Harassment (e.g., Sexual Harassment, Hostile Work Environment).

Unfair Labor Practices (e.g., rejection of wages, overtime, idea 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 release for factors that are unfair or prohibited. This is termed wrongful termination, wrongful discharge, or wrongful termination.

There are lots of situations that might be grounds for a wrongful termination claim, consisting of:

Firing an employee out of retaliation.

Discrimination.

Firing a whistleblower.

Firing a worker who will not do something illegal for employment their employer.

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

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 just that, causing a hostile and inequitable work environment where some employees are treated more positively than others.

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

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

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

Not supplying equivalent training opportunities for of various religious backgrounds.

Imposing task eligibility requirements that intentionally evaluates out individuals with disabilities.

Firing somebody based on a safeguarded classification.

What Are Some Examples of Workplace Harassment?

When workers go through slurs, attacks, risks, ridicule, offending jokes, unwelcome sexual advances, or verbal or physical conduct of a sexual nature, it can be considered workplace harassment. Similar to workplace discrimination, work environment harassment develops a hostile and abusive work environment.

Examples of office harassment include:

Making undesirable comments about an employee’s appearance or body.

Telling a repulsive or sexual joke to a colleague.

Using slurs or employment racial epithets.

Making prejudicial declarations about a worker’s sexual preference.

Making unfavorable remarks about an employee’s faiths.

Making prejudicial statements about a worker’s birthplace or employment family heritage.

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

Workplace harassment can likewise take the kind of quid pro quo harassment. This implies that the harassment leads to an intangible modification in a worker’s work status. For example, a staff member may be required to tolerate sexual harassment from a manager as a condition of their continued work.

Which Industries Have the Most Overtime and Minimum Wage Violations?

The Fair Labor Standards Act (FLSA) established certain workers’ rights, including 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 companies attempt to cut expenses by rejecting workers their rightful pay through deceiving 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 toward getaway or ill time, instead of overtime spend for hours worked over 40 in a work week.

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

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

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

A few of the most susceptible professions to overtime and minimum wage offenses include:

IT employees.

Service technicians.

Installers.

Sales representatives.

Nurses and health care workers.

Tipped employees.

Oil and gas field employees.

Call center employees.

Personal bankers, home mortgage brokers, and AMLs.

Retail employees.

Strippers.

FedEx drivers.

Disaster relief workers.

Pizza delivery drivers.

What Is Employee Misclassification?

There are a variety of differences between workers and self-employed employees, likewise understood as independent specialists or consultants. Unlike employees, who are told when and where to work, guaranteed a routine wage quantity, and entitled to staff member benefits, to name a few requirements, independent specialists usually deal with a short-term, contract basis with a service, and are invoiced for their work. Independent professionals are not entitled to employee advantages, employment and need to submit and withhold their own taxes, as well.

However, in current years, some companies have abused classification by misclassifying bonafide staff members as specialists in an effort to save cash and prevent laws. This is most frequently seen amongst “gig economy” employees, such as rideshare motorists and delivery drivers.

Some examples of misclassifications include:

Misclassifying a worker as an independent specialist to not have to abide by Equal Job opportunity Commission laws, which avoid work discrimination.

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

Misclassifying employees to avoid paying out base pay.

How Is Defamation of Character Defined?

Defamation is generally specified as the act of harming the track record of a person through slanderous (spoken) or disparaging (written) comments. When disparagement occurs in the work environment, it has the potential to harm team spirits, create alienation, and even cause long-term damage to a worker’s career potential customers.

Employers are accountable for stopping harmful gossiping among employees if it is a regular and known occurrence in the office. Defamation of character in the work environment may include circumstances such as:

A company making harmful and unproven accusations, such as claims of theft or incompetence, towards a staff member during a performance review

A worker spreading out a hazardous rumor about another worker that triggers them to be denied for a job somewhere else

A worker dispersing gossip about an employee that triggers other colleagues to avoid them

What Is Considered Employer Retaliation?

It is prohibited for a company to penalize a staff member for submitting a complaint or suit versus their company. This is thought about employer retaliation. Although employees are lawfully safeguarded versus retaliation, it doesn’t stop some companies from penalizing a staff member who submitted a problem in a range of methods, such as:

Reducing the employee’s salary

Demoting the worker

Re-assigning the employee to a less-desirable task

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

Excluding the worker from necessary work environment activities such as training sessions

What If a Company Denies a Leave of Absence?

While leave of lack laws vary from one state to another, there are a variety of federally mandated laws that safeguard staff members who need to take an extended time period off from work.

Under the Family Medical Leave Act (FMLA), companies need to offer unpaid leave time to workers with a qualifying household or specific medical circumstance, such as leave for the birth or adoption of a child or leave to care for a spouse, kid, or moms and dad with a major health condition. If qualified, workers are entitled to as much as 12 weeks of overdue 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 current and former uniformed service members who may require to be absent from civilian work for a particular amount of time in order to serve in the armed forces.

Leave of absence can be unfairly rejected in a variety of methods, including:

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

Demoting a worker who took a leave of absence to take care of a passing away moms and dad without just cause

Firing a re-employed service member who took a leave of absence to serve in the militaries 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 settlement is the combination of base money payment, delayed payment, efficiency benefits, stock options, executive perks, severance packages, and more, granted to top-level management employees. Executive payment bundles have come under increased scrutiny by regulative agencies and investors alike. If you deal with a conflict during the settlement of your executive pay package, our attorneys might have the ability to help you.

Why Should I Contact a Morgan & Morgan Employment Attorney?

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

In addition to our effective track record of representing victims of labor and work 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 understand may have been dealt with improperly by an employer or another staff member, do not hesitate to call our office. To discuss your legal rights and options, submit our complimentary, no-obligation case evaluation type now.

What Does a Work Attorney Do?

Documentation.
First, your appointed legal group will collect records related to your claim, including your agreement, time sheets, and interactions by means of e-mail or other work-related platforms.
These documents will assist your lawyer comprehend the extent of your claim and construct your case for compensation.

Investigation.
Your attorney and legal group will examine your workplace claim in excellent detail to gather the essential evidence.
They will look at the files you provide and might likewise look at employment records, contracts, and other workplace information.

Negotiation.
Your lawyer will work out with the defense, beyond the courtroom, to assist get you the compensation you may be entitled to.
If settlement negotiations are not successful, your attorney is prepared to go to trial and present your case in the greatest possible form.

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