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Labor and Employment Attorneys
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– Protecting Families Since 1988.
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Were You Treated Unfairly While on the Job?
Morgan & Morgan’s employment attorneys submit one of the most work lawsuits cases in the nation, including those involving wrongful termination, discrimination, harassment, wage theft, worker misclassification, character assassination, retaliation, rejection of leave, and executive pay disputes.
The workplace ought to be a safe place. Unfortunately, some employees are subjected to unjust and unlawful conditions by unethical employers. Workers might not know what their rights in the work environment are, or may be scared of speaking out against their company in fear of retaliation. These labor infractions can lead to lost salaries and advantages, missed chances for advancement, and unnecessary stress.
Unfair and inequitable labor practices against employees can take lots of forms, consisting of wrongful termination, discrimination, harassment, rejection to give an affordable lodging, denial of leave, company retaliation, and wage and hour infractions. Workers who are victim to these and other dishonest practices may not understand their rights, or may be afraid to speak up against their company for fear of retaliation.
At Morgan & Morgan, our work attorneys handle a range of civil litigation cases involving unfair labor practices versus employees. Our lawyers have the knowledge, devotion, and experience needed to represent workers in a vast array of labor employment conflicts. In fact, Morgan & Morgan has been acknowledged for submitting more labor and employment cases than any other company.
If you think you might have been the victim of unreasonable or unlawful treatment in the work environment, contact us by finishing our totally free case assessment kind.
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FAQ
Get the answer to frequently asked questions about our legal services and find out how we might help you with your case.
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, national origin, faith, age, and special needs).
Harassment (e.g., Unwanted sexual advances, Hostile Workplace).
Unfair Labor Practices (e.g., denial of earnings, overtime, pointer 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 let go for factors that are unreasonable or prohibited. This is called wrongful termination, wrongful discharge, or wrongful termination.
There are lots of circumstances that might be grounds for a wrongful termination lawsuit, consisting of:
Firing an employee out of retaliation.
Discrimination.
Firing a whistleblower.
Firing a staff member who won’t do something unlawful for their company.
If you believe you may have been fired without correct cause, our labor and work lawyers might be able to assist you recuperate back pay, unsettled incomes, and other types of payment.
What Are the Most Common Forms of Workplace Discrimination?
It is unlawful to discriminate versus a task applicant or staff member on the basis of race, color, religious beliefs, sex, nationwide origin, special needs, or age. However, some companies do just that, resulting in a hostile and inequitable office where some workers are dealt with more positively than others.
Workplace discrimination can take many types. Some examples include:
Refusing to employ somebody on the basis of their skin color.
Passing over a certified female employee for a promo in favor of a male staff member with less experience.
Not offering equivalent training chances for staff members of various religious backgrounds.
Imposing task eligibility criteria that intentionally screens out individuals with disabilities.
Firing somebody based on a secured category.
What Are Some Examples of Workplace Harassment?
When workers go through slurs, attacks, risks, ridicule, offensive jokes, unwanted sexual advances, or verbal or physical conduct of a sexual nature, it can be thought about workplace harassment. Similar to workplace discrimination, office harassment creates a hostile and violent workplace.
Examples of work environment harassment consist of:
Making undesirable comments about an employee’s appearance or body.
Telling a vulgar or sexual joke to a coworker.
Using slurs or racial epithets.
Making prejudicial declarations about a worker’s sexual preference.
Making negative comments about a staff member’s faiths.
Making prejudicial declarations about a staff member’s birthplace or household heritage.
Making negative remarks or jokes about the age of an employee over the age of 40.
Workplace harassment can also take the form of quid professional quo harassment. This means that the harassment results in an intangible modification in a staff member’s work status. For instance, a staff member might be required to tolerate unwanted sexual advances from a supervisor 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) established particular workers’ 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 staff members.
However, some employers attempt to cut costs by denying workers their rightful pay through deceitful techniques. This is called wage theft, and consists of examples such as:
Paying an employee less than the federal minimum wage.
Giving a worker « comp time » or hours that can be used towards trip or sick time, rather than overtime spend for hours worked over 40 in a work week.
Forcing tipped workers to pool their ideas with non-tipped employees, such as managers or cooks.
Forcing workers to pay for tools of the trade or other costs that their employer should pay.
Misclassifying a worker that must be paid overtime as « exempt » by promoting them to a « supervisory » position without actually changing the worker’s task duties.
A few of the most susceptible occupations to overtime and minimum wage offenses include:
IT employees.
Service service technicians.
Installers.
Sales representatives.
Nurses and health care employees.
Tipped employees.
Oil and gas field employees.
Call center employees.
Personal bankers, home mortgage brokers, and AMLs.
Retail workers.
Strippers.
FedEx drivers.
Disaster relief employees.
Pizza shipment drivers.
What Is Employee Misclassification?
There are a variety of differences in between workers and self-employed workers, also called independent professionals or specialists. Unlike employees, who are told when and where to work, guaranteed a regular wage quantity, and entitled to worker benefits, among other criteria, independent professionals typically work on a short-term, agreement basis with a company, and are invoiced for their work. Independent specialists are not entitled to staff member advantages, and need to submit and withhold their own taxes, as well.
However, in current years, some employers have abused category by misclassifying bonafide staff members as specialists in an effort to save money and circumvent laws. This is most commonly seen amongst « gig economy » employees, such as rideshare chauffeurs and shipment chauffeurs.
Some examples of misclassifications consist of:
Misclassifying an employee as an independent specialist to not have to comply with Equal Employment Opportunity Commission laws, which prevent employment discrimination.
Misclassifying an employee to avoid registering them in a health benefits prepare.
Misclassifying employees to avoid paying out minimum wage.
How Is Defamation of Character Defined?
Defamation is generally specified as the act of damaging the credibility of a person through slanderous (spoken) or false (written) comments. When libel occurs in the work environment, it has the potential to hurt group morale, develop alienation, or perhaps cause long-term damage to an employee’s career prospects.
Employers are accountable for stopping harmful gossiping among workers if it is a routine and employment known occurrence in the office. Defamation of character in the workplace may consist of circumstances such as:
A company making damaging and unfounded accusations, such as claims of theft or incompetence, towards an employee during an efficiency evaluation
A worker spreading a hazardous rumor about another employee that triggers them to be declined for a job elsewhere
A worker spreading gossip about a worker that triggers other coworkers to avoid them
What Is Considered Employer Retaliation?
It is unlawful for a business to punish a worker for submitting a complaint or suit versus their company. This is thought about company retaliation. Although workers are lawfully protected against retaliation, it doesn’t stop some companies from penalizing a worker who submitted a problem in a variety of ways, such as:
Reducing the employee’s wage
Demoting the worker
Re-assigning the employee to a less-desirable task
Re-assigning the worker to a shift that produces a work-family conflict
Excluding the worker from important work environment activities such as training sessions
What If a Business Denies a Leave of Absence?
While leave of lack laws vary from state to state, there are a number of federally mandated laws that protect employees who need to take a amount of time off from work.
Under the Family Medical Leave Act (FMLA), companies need to use unpaid leave time to employees with a certifying household or individual medical situation, such as leave for the birth or adoption of an infant or delegate take care of a spouse, child, or parent with a serious health condition. If certified, employees are entitled to as much as 12 weeks of unsettled 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, guarantees particular defenses to present and previous uniformed service members who may need to be absent from civilian work for a specific time period in order to serve in the armed forces.
Leave of absence can be unfairly rejected in a number of ways, consisting of:
Firing an employee 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 look after a dying parent without simply cause
Firing a re-employed service member who took a leave of absence to serve in the armed forces without just cause
Retaliating versus an existing or former service member who took a leave of lack to serve in the armed forces
What Is Executive Compensation?
Executive payment is the combination of base cash settlement, deferred payment, performance benefits, stock choices, executive perks, severance bundles, and more, granted to high-level management staff members. Executive settlement bundles have come under increased analysis by regulative agencies and investors alike. If you deal with a dispute throughout the settlement of your executive pay bundle, our attorneys might be able to assist you.
Why Should I Contact a Morgan & Morgan Employment Attorney?
The work and labor lawyers at Morgan & Morgan have actually effectively pursued thousands of labor and work claims for the people who require it most.
In addition to our successful performance history of representing victims of labor and employment claims, our labor lawyers also represent staff members before administrative companies 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 someone you know might have been dealt with incorrectly by a company or another worker, do not think twice to call our office. To discuss your legal rights and alternatives, fill out our complimentary, no-obligation case evaluation form now.
What Does a Work Attorney Do?
Documentation.
First, your designated legal team will collect records associated with your claim, including your contract, time sheets, and interactions by means of email or other work-related platforms.
These documents will assist your lawyer comprehend the degree of your claim and construct your case for compensation.
Investigation.
Your lawyer and legal team will investigate your workplace claim in excellent detail to collect the essential proof.
They will look at the documents you provide and might also look at work records, agreements, and other work environment information.
Negotiation.
Your attorney will negotiate with the defense, beyond the courtroom, to assist get you the compensation you may be entitled to.
If settlement negotiations are unsuccessful, your attorney is prepared to go to trial and present your case in the strongest possible type.
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