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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 work lawsuits cases in the country, including those involving wrongful termination, discrimination, harassment, wage theft, worker misclassification, defamation, retaliation, denial of leave, and executive pay disputes.

The work environment must be a safe place. Unfortunately, some employees undergo unjust and unlawful conditions by unethical companies. Workers might not understand what their rights in the office are, or may be scared of speaking up against their employer in fear of retaliation. These can result in lost wages and advantages, missed chances for advancement, and excessive tension.

Unfair and inequitable labor practices versus staff members can take many forms, consisting of wrongful termination, discrimination, harassment, rejection to offer a sensible lodging, denial of leave, employer retaliation, and wage and hour violations. Workers who are victim to these and other unethical practices might not know their rights, or might hesitate to speak up versus their employer for worry of retaliation.

At Morgan & Morgan, our employment lawyers deal with a range of civil lawsuits cases involving unjust labor practices versus staff members. Our attorneys have the understanding, commitment, and experience required to represent workers in a large variety of labor conflicts. In truth, Morgan & Morgan has actually been recognized for filing more labor and employment cases than any other company.

If you think you may have been the victim of unfair or prohibited treatment in the office, call us by finishing our totally free case examination type.

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FAQ

Get the answer to typically asked questions about our legal services and discover 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, nationwide origin, faith, age, and impairment).

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

Unfair Labor Practices (e.g., rejection of salaries, overtime, tip pooling, and equal 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 let go for factors that are unjust or prohibited. This is called wrongful termination, wrongful discharge, or wrongful dismissal.

There are many situations that might be premises for a wrongful termination lawsuit, consisting of:

Firing a staff member out of retaliation.

Discrimination.

Firing a whistleblower.

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

If you think you might have been fired without proper cause, our labor and work attorneys might have the ability to help you recover back pay, unsettled earnings, and other kinds of payment.

What Are the Most Common Forms of Workplace Discrimination?

It is prohibited to discriminate against a job candidate or employee on the basis of race, color, religious beliefs, sex, national origin, disability, or age. However, some companies do simply that, resulting in a hostile and inequitable work environment where some employees are dealt with more positively than others.

Workplace discrimination can take many kinds. Some examples include:

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

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

Not supplying equal training chances for workers of various spiritual backgrounds.

Imposing task eligibility requirements that deliberately screens out individuals with specials needs.

Firing somebody based upon a secured classification.

What Are Some Examples of Workplace Harassment?

When employees go through slurs, attacks, threats, ridicule, offensive jokes, unwelcome sexual advances, or spoken or physical conduct of a sexual nature, it can be thought about workplace harassment. Similar to workplace discrimination, workplace harassment creates a hostile and abusive workplace.

Examples of office harassment include:

Making unwanted remarks about an employee’s look or body.

Telling a vulgar or sexual joke to a colleague.

Using slurs or racial epithets.

Making prejudicial declarations about an employee’s sexual orientation.

Making unfavorable remarks about a staff member’s spiritual beliefs.

Making prejudicial declarations about a worker’s birth place or household heritage.

Making unfavorable comments 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 suggests that the harassment results in an intangible modification in a worker’s employment status. For example, an employee may be forced to endure sexual harassment 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, including the right to a minimum wage (set federally at $7.25 since 2020) and employment overtime spend for all hours worked over 40 in a workweek for non-exempt workers.

However, some employers try to cut costs by denying workers their rightful pay through deceiving approaches. This is called wage theft, and includes examples such as:

Paying an employee less than the federal minimum wage.

Giving an employee «comp time» or hours that can be used toward vacation or ill time, instead of overtime pay for hours worked over 40 in a work week.

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

Forcing employees to pay for tools of the trade or other costs that their company must pay.

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

Some of the most vulnerable professions to overtime and base pay infractions consist of:

IT employees.

Service professionals.

Installers.

Sales representatives.

Nurses and healthcare workers.

Tipped workers.

Oil and gas field employees.

Call center workers.

Personal bankers, mortgage brokers, and AMLs.

Retail workers.

Strippers.

FedEx drivers.

Disaster relief workers.

Pizza shipment chauffeurs.

What Is Employee Misclassification?

There are a number of distinctions between workers and self-employed employees, also understood as independent specialists or experts. Unlike staff members, who are told when and where to work, guaranteed a routine wage quantity, and entitled to staff member benefits, amongst other requirements, independent specialists generally work on a short-term, agreement basis with a company, and are invoiced for their work. Independent specialists are not entitled to worker benefits, employment and need to file and keep their own taxes, also.

However, recently, some employers have actually abused classification by misclassifying bonafide employees as specialists in an attempt to conserve money and circumvent laws. This is most commonly seen amongst «gig economy» employees, such as rideshare chauffeurs and delivery chauffeurs.

Some examples of misclassifications consist of:

Misclassifying a worker as an independent specialist to not have to abide by Equal Employment Opportunity Commission laws, which prevent employment discrimination.

Misclassifying a worker to avoid enrolling them in a health benefits prepare.

Misclassifying employees to prevent paying minimum wage.

How Is Defamation of Character Defined?

Defamation is generally defined as the act of damaging the reputation of an individual through slanderous (spoken) or libelous (written) comments. When defamation occurs in the work environment, it has the potential to damage group morale, develop alienation, and even cause long-lasting damage to a worker’s profession prospects.

Employers are accountable for stopping hazardous gossiping among staff members if it is a regular and known occurrence in the work environment. Defamation of character in the workplace may consist of circumstances such as:

An employer making harmful and unproven claims, such as claims of theft or incompetence, toward a worker throughout an efficiency evaluation

An employee spreading a harmful rumor about another staff member that triggers them to be rejected for employment a job somewhere else

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

What Is Considered Employer Retaliation?

It is unlawful for a company to penalize a worker for filing a grievance or claim against their company. This is considered employer retaliation. Although employees are lawfully secured versus retaliation, it does not stop some employers from penalizing an employee who submitted a grievance in a range of methods, such as:

Reducing the worker’s wage

Demoting the worker

Re-assigning the employee to a less-desirable job

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

Excluding the worker from vital workplace 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 protect workers who must take an extended duration of time off from work.

Under the Family Medical Leave Act (FMLA), employers must offer unpaid leave time to staff members with a certifying family or private medical circumstance, such as leave for the birth or adoption of a child or leave to care for a partner, kid, or moms and dad with a major health condition. If qualified, workers are entitled to up to 12 weeks of unpaid 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 securities to existing and former uniformed service members who may need to be missing from civilian work for a certain duration of time in order to serve in the militaries.

Leave of lack can be unfairly denied in a number of methods, consisting of:

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

Demoting an employee who took a leave of lack to care for employment a dying parent without just cause

Firing a re-employed service member who took a leave of absence to serve in the militaries without just cause

Retaliating versus a current or former 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, delayed payment, performance rewards, stock alternatives, executive advantages, severance packages, and more, granted to top-level management workers. Executive settlement plans have come under increased analysis by regulatory agencies and investors alike. If you face a conflict during the negotiation of your executive pay plan, our attorneys may be able to help you.

Why Should I Contact a Morgan & Morgan Employment Attorney?

The work and labor lawyers at Morgan & Morgan have effectively pursued countless labor and employment claims for the people who require it most.

In addition to our successful track record of representing victims of labor and work claims, our labor lawyers likewise represent workers before administrative agencies 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 may have been dealt with improperly by an employer or another staff member, do not be reluctant to contact our workplace. To discuss your legal rights and choices, complete our totally free, no-obligation case evaluation kind now.

What Does a Work Attorney Do?

Documentation.
First, your designated legal team will gather records connected to your claim, including your agreement, time sheets, and interactions via e-mail or other job-related platforms.
These documents will assist your lawyer comprehend the level of your claim and develop your case for compensation.

Investigation.
Your lawyer and legal group will examine your workplace claim in excellent information to collect the essential evidence.
They will take a look at the documents you supply and may also take a look at work records, contracts, and other work environment data.

Negotiation.
Your lawyer will negotiate with the defense, outside of the courtroom, to help 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 greatest possible kind.

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