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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 submit the many employment litigation cases in the nation, consisting of those involving wrongful termination, discrimination, harassment, wage theft, worker misclassification, defamation, retaliation, rejection of leave, and executive pay disputes.
The workplace needs to be a safe location. Unfortunately, some workers go through unjust and prohibited conditions by dishonest employers. Workers might not understand what their rights in the workplace are, or might be scared of speaking out versus their employer in worry of retaliation. These labor violations can cause lost wages and benefits, missed out on opportunities for development, and unnecessary tension.
Unfair and inequitable labor practices against workers can take lots of forms, consisting of wrongful termination, discrimination, harassment, rejection to offer a sensible accommodation, denial of leave, company retaliation, and wage and hour violations. Workers who are victim to these and other dishonest practices might not know their rights, or may hesitate to speak up versus their employer for fear of retaliation.
At Morgan & Morgan, our work attorneys deal with a range of civil litigation cases involving unreasonable labor practices against staff members. Our attorneys have the understanding, devotion, and experience needed to represent employees in a broad variety of labor disputes. In fact, Morgan & Morgan has 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 unlawful treatment in the workplace, contact us by finishing our complimentary case assessment type.
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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, religion, age, and special needs).
Harassment (e.g., Unwanted sexual advances, Hostile Workplace).
Unfair Labor Practices (e.g., rejection of earnings, 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 declares.
Executive Pay Disputes.
What Constitutes Wrongful Termination?
Sometimes employees are release for reasons that are unjust or prohibited. This is termed wrongful termination, wrongful discharge, or wrongful dismissal.
There are lots of situations that might be grounds for a wrongful termination suit, consisting of:
Firing an employee 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 proper cause, our labor and employment lawyers might have the ability to help you recuperate back pay, overdue incomes, and other forms of payment.
What Are the Most Common Forms of Workplace Discrimination?
It is illegal to victimize a job applicant or staff member on the basis of race, color, religious beliefs, sex, national origin, special needs, 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 many types. Some examples consist of:
Refusing to employ someone on the basis of their skin color.
Passing over a qualified female staff member for a promotion in favor of a male worker with less experience.
Not offering equivalent training opportunities for workers of different spiritual backgrounds.
Imposing task eligibility criteria that deliberately screens out individuals with specials needs.
Firing somebody based upon a safeguarded category.
What Are Some Examples of Workplace Harassment?
When employees are subjected to slurs, assaults, dangers, 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, office harassment produces a hostile and violent work environment.
Examples of workplace harassment include:
Making unwelcome remarks about a worker’s look or body.
Telling a repulsive or sexual joke to a coworker.
Using slurs or racial epithets.
Making prejudicial statements about an employee’s sexual orientation.
Making unfavorable remarks about a worker’s faiths.
Making prejudicial declarations about a staff member’s birth place or household heritage.
Making negative comments or jokes about the age of a worker over the age of 40.
Workplace harassment can also take the form of quid pro quo harassment. This indicates that the harassment results in an intangible modification in a work status. For instance, a worker might be forced 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 specific employees’ rights, including the right to a minimum wage (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 deceitful methods. This is called wage theft, and employment 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 holiday or sick time, instead of overtime pay for hours worked over 40 in a work week.
Forcing tipped workers to pool their ideas with non-tipped workers, such as supervisors or cooks.
Forcing workers to spend for tools of the trade or other costs that their employer must pay.
Misclassifying a worker that must be paid overtime as « exempt » by promoting them to a « managerial » position without actually altering the worker’s task duties.
Some of the most susceptible professions to overtime and minimum wage infractions consist of:
IT workers.
Service specialists.
Installers.
Sales agents.
Nurses and healthcare employees.
Tipped workers.
Oil and gas field workers.
Call center workers.
Personal lenders, home loan brokers, and employment AMLs.
Retail workers.
Exotic dancers.
FedEx chauffeurs.
Disaster relief workers.
Pizza delivery motorists.
What Is Employee Misclassification?
There are a number of differences in between staff members and self-employed employees, likewise understood as independent contractors or experts. Unlike employees, who are informed when and where to work, guaranteed a routine wage amount, and entitled to staff member advantages, amongst other requirements, independent specialists typically work on a short-term, agreement basis with a service, and are invoiced for their work. Independent specialists are not entitled to employee advantages, and need to file and keep their own taxes, as well.
However, recently, some employers have actually abused category by misclassifying bonafide workers as specialists in an effort to conserve money and circumvent laws. This is most frequently seen among « gig economy » employees, such as rideshare drivers and shipment chauffeurs.
Some examples of misclassifications include:
Misclassifying an employee as an independent specialist to not need to abide by Equal Job opportunity Commission laws, which prevent work discrimination.
Misclassifying a worker to avoid registering them in a health advantages plan.
Misclassifying staff members to prevent paying minimum wage.
How Is Defamation of Character Defined?
Defamation is generally specified as the act of harming the reputation of a person through slanderous (spoken) or false (written) remarks. When libel takes place in the work environment, it has the potential to hurt group morale, create alienation, or even trigger long-term damage to a worker’s career prospects.
Employers are accountable for stopping damaging gossiping among staff members if it is a routine and recognized event in the workplace. Defamation of character in the office might consist of instances such as:
A company making harmful and unproven allegations, such as claims of theft or incompetence, toward an employee during a performance review
A staff member spreading out a damaging report about another employee that triggers them to be denied for a task somewhere else
An employee spreading chatter about a worker that triggers other colleagues to avoid them
What Is Considered Employer Retaliation?
It is prohibited for a business to penalize an employee for submitting a grievance or claim against their employer. This is considered employer retaliation. Although workers are lawfully safeguarded versus retaliation, it doesn’t stop some employers from punishing an employee who submitted a problem in a variety of methods, such as:
Reducing the employee’s wage
Demoting the employee
Re-assigning the worker to a less-desirable job
Re-assigning the employee to a shift that produces a work-family dispute
Excluding the employee from necessary office activities such as training sessions
What If a Business Denies a Leave of Absence?
While leave of absence laws vary from state to state, there are a number 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 must use unpaid leave time to workers with a certifying family or specific medical circumstance, such as leave for the birth or adoption of a child or delegate take care of a spouse, kid, or moms and dad with a serious health condition. If certified, staff members are entitled to up to 12 weeks of overdue 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, assurances specific securities to present and previous uniformed service members who may need to be absent from civilian work for a particular time period in order to serve in the armed forces.
Leave of absence can be unjustly rejected in a variety of methods, consisting of:
Firing a worker 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 absence to take care of a dying parent without just cause
Firing a re-employed service member who took a leave of lack to serve in the militaries without simply cause
Retaliating versus a present or previous service member who took a leave of lack to serve in the militaries
What Is Executive Compensation?
Executive compensation is the combination of base money payment, postponed payment, performance bonuses, stock alternatives, executive benefits, severance bundles, and more, awarded to top-level management workers. Executive compensation packages have come under increased scrutiny by regulatory agencies and investors alike. If you face a disagreement throughout the negotiation of your executive pay plan, our attorneys may have the ability to assist you.
Why Should I Contact a Morgan & Morgan Employment Attorney?
The employment and labor attorneys at Morgan & Morgan have actually effectively pursued thousands of labor and employment claims for the people who need it most.
In addition to our effective track record of representing victims of labor and work claims, our labor attorneys likewise represent staff members 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 understand might have been treated incorrectly by a company or another worker, do not hesitate to call our office. 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 associated with your claim, including your contract, time sheets, and communications by means of e-mail or other work-related platforms.
These files will help your attorney comprehend the extent of your claim and build your case for settlement.
Investigation.
Your attorney and legal team will investigate your workplace claim in great information to gather the needed evidence.
They will look at the documents you provide and may also look at work records, agreements, and other workplace information.
Negotiation.
Your attorney will work out with the defense, outside of the courtroom, to help get you the compensation you may be entitled to.
If settlement negotiations are not successful, your attorney is prepared to go to trial and employment present your case in the greatest possible form.
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