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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 employment litigation cases in the country, consisting of those involving wrongful termination, discrimination, harassment, wage theft, worker misclassification, disparagement, retaliation, denial of leave, and executive pay disagreements.

The work environment must be a safe place. Unfortunately, some employees undergo unreasonable and prohibited conditions by unethical companies. Workers may not understand what their rights in the work environment are, or may hesitate of speaking out versus their employer in fear of retaliation. These labor infractions can cause lost incomes and advantages, missed opportunities for advancement, and unnecessary tension.

Unfair and employment discriminatory labor practices versus workers can take many forms, including wrongful termination, discrimination, harassment, rejection to give a sensible lodging, rejection 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 might be afraid to speak out versus their company for fear of retaliation.

At Morgan & Morgan, our work lawyers handle a range of civil litigation cases including unfair labor practices versus workers. Our lawyers possess the knowledge, devotion, and experience needed to represent employees in a vast array of labor conflicts. In truth, Morgan & Morgan has actually been acknowledged for filing more labor and employment cases than any other company.

If you think you may have been the victim of unreasonable or illegal treatment in the work environment, contact us by completing our free case examination type.

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FAQ

Get the answer to typically 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 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., rejection of wages, overtime, pointer 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 employees are release for reasons that are unreasonable or unlawful. This is called wrongful termination, wrongful discharge, or wrongful termination.

There are lots of scenarios that may be premises for a wrongful termination claim, including:

Firing a worker out of retaliation.

Discrimination.

Firing a whistleblower.

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

If you think you might have been fired without proper cause, our labor and work lawyers might have the ability to assist you recuperate back pay, unsettled wages, and other forms of settlement.

What Are the Most Common Forms of Workplace Discrimination?

It is prohibited to victimize a job applicant or employee on the basis of race, color, religion, sex, national origin, disability, or age. However, some employers do simply that, resulting in a hostile and inequitable office where some workers are dealt with more favorably than others.

Workplace discrimination can take lots of kinds. Some examples include:

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

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

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

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

Firing someone based upon a safeguarded classification.

What Are Some Examples of Workplace Harassment?

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

Examples of work environment harassment consist of:

Making unwanted comments about a worker’s appearance or body.

Telling a vulgar or sexual joke to a colleague.

Using slurs or racial epithets.

Making prejudicial statements about a worker’s sexual preference.

Making negative comments about a worker’s religions.

Making prejudicial declarations about an employee’s birth place or family heritage.

Making negative remarks or jokes about the age of an employee over the age of 40.

Workplace harassment can also take the kind of quid professional quo harassment. This means that the harassment leads to an intangible modification in a worker’s work status. For instance, an employee may be required to endure unwanted sexual advances from a manager as a condition of their continued work.

Which Industries Have one of the most Overtime and Minimum Wage Violations?

The Fair Labor Standards Act (FLSA) developed 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 workers.

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

Paying a worker less than the federal base pay.

Giving a worker “comp time” or hours that can be used towards vacation or ill time, rather than overtime pay for hours worked over 40 in a work week.

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

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

Misclassifying a worker that needs to be paid overtime as “exempt” by promoting them to a “managerial” position without actually altering the worker’s task responsibilities.

Some of the most vulnerable professions to overtime and base pay offenses include:

IT employees.

Service technicians.

Installers.

Sales representatives.

Nurses and health care employees.

Tipped employees.

Oil and gas field employees.

Call center workers.

Personal bankers, mortgage brokers, and AMLs.

Retail staff members.

Strippers.

FedEx drivers.

Disaster relief workers.

Pizza delivery chauffeurs.

What Is Employee Misclassification?

There are a variety of differences in between staff members and self-employed employees, likewise referred to as independent specialists or experts. Unlike staff members, who are informed when and where to work, ensured a routine wage quantity, and entitled to worker benefits, to name a few criteria, independent professionals usually work on a short-term, contract basis with a business, and are invoiced for their work. Independent contractors are not entitled to staff member advantages, and should submit and keep their own taxes, as well.

However, over the last few years, some employers have abused category by misclassifying bonafide staff members as professionals in an attempt to save cash and prevent laws. This is most typically seen amongst “gig economy” employees, such as rideshare chauffeurs and delivery drivers.

Some examples of misclassifications include:

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

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

Misclassifying workers to avoid paying base pay.

How Is Defamation of Character Defined?

Defamation is typically specified as the act of damaging the track record of a person through slanderous (spoken) or defamatory (written) comments. When libel occurs in the workplace, it has the potential to hurt team spirits, produce alienation, or even cause long-lasting damage to an employee’s career potential customers.

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

An employer making harmful and unfounded allegations, such as claims of theft or incompetence, toward a staff member throughout a performance evaluation

A worker spreading out a harmful report about another worker that triggers them to be denied for a task somewhere else

A staff member spreading gossip about a worker that causes other colleagues to prevent them

What Is Considered Employer Retaliation?

It is prohibited for a company to penalize a staff member for submitting a problem or lawsuit versus their employer. This is thought about employer retaliation. Although employees are legally safeguarded against retaliation, it does not stop some companies from punishing a worker who filed a complaint in a variety of methods, such as:

Reducing the employee’s salary

Demoting the worker

Re-assigning the worker to a less-desirable task

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

Excluding the worker from essential work environment 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 number of federally mandated laws that safeguard staff members who must take a prolonged time period off from work.

Under the Family Medical Leave Act (FMLA), companies should use unsettled leave time to staff members with a qualifying household or individual medical situation, such as leave for the birth or adoption of a baby or leave to take care of a partner, kid, or parent with a severe health condition. If qualified, employees are entitled to approximately 12 weeks of overdue leave time under the FMLA without fear of threatening their job status.

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

Leave of absence can be unfairly rejected in a variety of ways, consisting of:

Firing a staff member who took a leave of absence for the birth or adoption of their infant without just cause

Demoting an employee who took a leave of lack to look after a passing away parent without simply 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 current or employment former 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 cash settlement, deferred payment, efficiency perks, stock options, executive advantages, severance packages, and more, granted to top-level management staff members. Executive settlement plans have actually come under increased scrutiny by regulative companies and shareholders alike. If you face a disagreement during the negotiation of your executive pay bundle, our attorneys might have the ability to help you.

Why Should I Contact a Morgan & Morgan Employment Attorney?

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

In addition to our effective track record of representing victims of labor and work claims, our labor lawyers also represent employees 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 someone you know might have been treated incorrectly by a company or another staff member, do not hesitate to contact our workplace. To discuss your legal rights and alternatives, complete our complimentary, no-obligation case review form now.

What Does a Work Attorney Do?

Documentation.
First, your appointed legal group will collect records connected to your claim, including your agreement, time sheets, and interactions through email or other work-related platforms.
These files will assist your lawyer comprehend the extent of your claim and develop your case for settlement.

Investigation.
Your attorney and legal group will investigate your work environment claim in terrific detail to collect the required evidence.
They will look at the files you offer and might also take a look at employment records, contracts, and other office data.

Negotiation.
Your lawyer will work out with the defense, beyond the courtroom, to assist get you the settlement 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 strongest possible type.

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