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Labor and Employment Attorneys

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Were You Treated Unfairly While on the Job?

Morgan & Morgan’s work lawyers file the many employment litigation cases in the nation, consisting of those involving wrongful termination, discrimination, harassment, wage theft, staff member misclassification, disparagement, retaliation, denial of leave, and executive pay conflicts.

The office must be a safe location. Unfortunately, some employees undergo unreasonable and prohibited conditions by dishonest employers. Workers might not know what their rights in the office are, or may be scared of speaking out versus their employer in worry of retaliation. These labor infractions can lead to lost earnings and benefits, missed out on opportunities for improvement, and undue tension.

Unfair and prejudiced labor practices against staff members can take numerous forms, consisting of wrongful termination, discrimination, harassment, rejection to provide a sensible accommodation, rejection of leave, employer retaliation, and wage and hour violations. Workers who are victim to these and other unethical practices may not understand their rights, or may hesitate to speak out versus their company for worry of retaliation.

At Morgan & Morgan, our work attorneys manage a variety of civil litigation cases involving unreasonable labor practices against employees. Our lawyers have the understanding, dedication, and experience required to represent employees in a vast array of labor conflicts. In reality, Morgan & Morgan has actually been recognized for submitting more labor and work cases than any other firm.

If you think you may have been the victim of unjust or unlawful treatment in the workplace, call us by finishing our complimentary case assessment kind.

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FAQ

Get the answer to commonly asked concerns about our legal services and find out how we might assist 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, faith, age, and special needs).

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

Unfair Labor Practices (e.g., denial of incomes, overtime, suggestion 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 workers are release for reasons that are unfair or illegal. This is described wrongful termination, wrongful discharge, or wrongful termination.

There are numerous situations that may be premises for a wrongful termination lawsuit, consisting of:

Firing an employee out of retaliation.

Discrimination.

Firing a whistleblower.

Firing an employee who will not do something prohibited for their company.

If you think you might have been fired without appropriate cause, our labor and work lawyers might be able to help you recuperate back pay, unsettled wages, and other forms of settlement.

What Are the Most Common Forms of Workplace Discrimination?

It is unlawful to discriminate against a job applicant or employee on the basis of race, color, religious beliefs, sex, national origin, impairment, or age. However, some companies do simply that, leading to a hostile and inequitable office where some employees are dealt with more positively than others.

Workplace discrimination can take numerous kinds. Some examples consist of:

Refusing to work with somebody on the basis of their skin color.

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

Not supplying equivalent training chances for staff members of various spiritual backgrounds.

Imposing task eligibility requirements that deliberately evaluates out people with impairments.

Firing someone based on a protected classification.

What Are Some Examples of Workplace Harassment?

When employees undergo slurs, attacks, hazards, ridicule, offending jokes, undesirable sexual advances, or verbal or physical conduct of a sexual nature, it can be thought about workplace harassment. Similar to workplace discrimination, workplace harassment develops a hostile and abusive workplace.

Examples of work environment harassment consist of:

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

Telling a repulsive or sexual joke to a colleague.

Using slurs or racial epithets.

Making prejudicial declarations about an employee’s sexual orientation.

Making negative comments about a staff member’s religious beliefs.

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

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

Workplace harassment can likewise take the form of quid pro quo harassment. This suggests that the harassment results in an intangible modification in a staff member’s employment status. For instance, a staff member might be forced to tolerate unwanted sexual advances from a manager as a condition of their continued employment.

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 pay for all hours worked over 40 in a workweek for non-exempt employees.

However, some employers attempt to cut costs by denying employees their rightful pay through deceitful techniques. This is called wage theft, and includes examples such as:

Paying an employee less than the federal minimum wage.

Giving a worker «comp time» or hours that can be utilized toward getaway or ill time, instead of overtime spend for hours worked over 40 in a work week.

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

Forcing workers to spend for tools of the trade or other expenditures that their company must pay.

Misclassifying a worker that must be paid overtime as «exempt» by promoting them to a «managerial» position without really changing the worker’s task tasks.

Some of the most susceptible occupations to overtime and minimum wage infractions include:

IT employees.

Service technicians.

Installers.

Sales representatives.

Nurses and healthcare workers.

Tipped staff members.

Oil and gas field employees.

Call center employees.

Personal lenders, mortgage brokers, and AMLs.

Retail workers.

Exotic dancers.

FedEx motorists.

Disaster relief workers.

Pizza shipment drivers.

What Is Employee Misclassification?

There are a number of distinctions between employees and self-employed employees, also known as independent specialists or experts. Unlike employees, who are informed when and where to work, ensured a regular wage quantity, and entitled to employee benefits, amongst other requirements, independent specialists typically work on a short-term, agreement basis with a business, and are invoiced for their work. Independent contractors are not entitled to worker advantages, and should file and withhold their own taxes, too.

However, in recent years, some employers have abused category by misclassifying bonafide staff members as contractors in an attempt to save cash 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 a worker as an independent specialist to not have to adhere to Equal Employment Opportunity Commission laws, which avoid work discrimination.

Misclassifying a worker to prevent registering them in a health benefits plan.

members to avoid paying 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 defamatory (written) comments. When character assassination happens in the workplace, it has the prospective to hurt team morale, produce alienation, or perhaps trigger long-term damage to an employee’s profession potential customers.

Employers are accountable for stopping harmful gossiping amongst staff members if it is a routine and recognized event in the work environment. Defamation of character in the office may consist of instances such as:

A company making damaging and unfounded accusations, such as claims of theft or incompetence, towards an employee during a performance evaluation

An employee spreading out a harmful report about another worker that causes them to be rejected for a task elsewhere

An employee spreading chatter about an employee that causes other coworkers to prevent them

What Is Considered Employer Retaliation?

It is illegal for a business to punish a worker for submitting a complaint or suit against their company. This is considered employer retaliation. Although workers are lawfully protected versus retaliation, it does not stop some companies from punishing a worker who submitted a complaint in a range of methods, such as:

Reducing the worker’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 conflict

Excluding the employee from essential work environment activities such as training sessions

What If a Company Denies a Leave of Absence?

While leave of absence laws differ from state to state, there are a variety of federally mandated laws that protect staff members who must take an extended amount of time off from work.

Under the Family Medical Leave Act (FMLA), employers must provide overdue leave time to staff members with a certifying family or specific medical circumstance, such as leave for the birth or adoption of a child or leave to take care of a partner, child, referall.us or moms and dad with a serious health condition. If certified, workers are entitled to approximately 12 weeks of overdue leave time under the FMLA without worry of endangering their task status.

The Uniformed Services Employment and Reemployment Rights Act (USERRA), on the other hand, warranties particular defenses to current and former uniformed service members who might need to be absent from civilian employment for a certain time period in order to serve in the armed forces.

Leave of absence can be unjustly rejected in a number of ways, including:

Firing a staff member who took a leave of lack for the birth or adoption of their child without simply cause

Demoting a worker who took a leave of lack to care for a dying 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 an existing or former service member who took a leave of lack to serve in the armed forces

What Is Executive Compensation?

Executive compensation is the combination of base cash settlement, deferred settlement, performance bonus offers, stock choices, executive perks, severance packages, and more, awarded to top-level management staff members. Executive payment bundles have come under increased analysis by regulative firms and shareholders alike. If you deal with a dispute during the settlement 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 legal representatives at Morgan & Morgan have successfully pursued countless labor and work claims for the people 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 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 may have been dealt with improperly by an employer or another worker, do not be reluctant to call our office. To discuss your legal rights and alternatives, fill out our complimentary, no-obligation case evaluation type now.

What Does an Employment Attorney Do?

Documentation.
First, your appointed legal team will collect records related to your claim, including your agreement, time sheets, and communications via e-mail or other job-related platforms.
These files will assist your attorney understand the extent of your claim and construct your case for settlement.

Investigation.
Your attorney and legal team will examine your workplace claim in great information to gather the needed proof.
They will take a look at the files you supply and may also take a look at work records, agreements, and other office information.

Negotiation.
Your attorney will negotiate with the defense, outside of the courtroom, to assist get you the payment you might be entitled to.
If settlement negotiations are unsuccessful, your lawyer is prepared to go to trial and present your case in the greatest possible form.

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