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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 lawyers submit one of the most employment litigation cases in the nation, consisting of those involving wrongful termination, discrimination, harassment, wage theft, employee misclassification, disparagement, retaliation, denial of leave, and executive pay conflicts.
The office should be a safe location. Unfortunately, some employees undergo unreasonable and employment prohibited conditions by unscrupulous companies. Workers may not understand what their rights in the work environment are, or may hesitate of speaking out versus their employer in worry of retaliation. These labor offenses can lead to lost salaries and benefits, missed out on opportunities for improvement, and excessive tension.
Unfair and inequitable labor practices versus employees can take lots of kinds, consisting of wrongful termination, discrimination, harassment, rejection to provide an affordable lodging, rejection of leave, company retaliation, and wage and hour infractions. Workers who are victim to these and other unethical practices might not understand their rights, or employment might be scared to speak up versus their employer for worry of retaliation.
At Morgan & Morgan, our employment lawyers handle a range of civil lawsuits cases including unjust labor practices versus staff members. Our attorneys have the understanding, dedication, and experience needed to represent workers in a large range of labor conflicts. In reality, Morgan & Morgan has been recognized for submitting more labor and work cases than any other company.
If you think you may have been the victim of unjust or prohibited treatment in the work environment, call us by completing our complimentary case evaluation type.
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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, religious beliefs, age, and impairment).
Harassment (e.g., Sexual Harassment, Hostile Workplace).
Unfair Labor Practices (e.g., rejection of incomes, overtime, idea 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 release for reasons that are unfair or prohibited. This is called wrongful termination, wrongful discharge, or wrongful termination.
There are lots of circumstances that might be premises for a wrongful termination lawsuit, including:
Firing a staff member out of retaliation.
Discrimination.
Firing a whistleblower.
Firing a staff member who won’t do something illegal for their employer.
If you believe you may have been fired without proper cause, our labor and work attorneys might have the ability to assist you recover back pay, unpaid wages, and other forms of settlement.
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, nationwide origin, impairment, or age. However, some companies do just that, resulting in a hostile and inequitable office where some employees are dealt with more favorably than others.
Workplace discrimination can take numerous forms. Some examples consist of:
Refusing to hire somebody on the basis of their skin color.
Passing over a qualified female staff member for a promo in favor of a male staff member with less experience.
Not supplying equal training opportunities for employment employees of different spiritual backgrounds.
Imposing task eligibility criteria that intentionally screens out people with impairments.
Firing someone based upon a secured classification.
What Are Some Examples of Workplace Harassment?
When workers undergo slurs, attacks, threats, ridicule, employment offending jokes, unwanted sexual advances, or spoken or physical conduct of a sexual nature, it can be considered workplace harassment. Similar to workplace discrimination, office harassment creates a hostile and violent workplace.
Examples of workplace harassment include:
Making unwanted comments about an employee’s look or body.
Telling a vulgar or sexual joke to a coworker.
Using slurs or racial epithets.
Making prejudicial statements about a worker’s sexual orientation.
Making negative remarks about a worker’s religions.
Making prejudicial statements about a worker’s birth place or family heritage.
Making unfavorable remarks or jokes about the age of an employee over the age of 40.
Workplace harassment can also take the form of quid pro quo harassment. This indicates that the harassment leads to an intangible modification in an employee’s employment status. For example, a worker may be required to tolerate unwanted sexual advances from a supervisor employment as a condition of their continued employment.
Which Industries Have the Most Overtime and Base Pay Violations?
The Fair Labor Standards Act (FLSA) established particular employees’ rights, including the right to a minimum wage (set federally at $7.25 as of 2020) and overtime pay for all hours worked over 40 in a workweek for non-exempt employees.
However, some employers attempt to cut expenses by denying employees their rightful pay through sly methods. This is called wage theft, and includes examples such as:
Paying a worker less than the federal minimum wage.
Giving an employee “comp time” or hours that can be utilized towards trip or ill time, instead of overtime pay for hours worked over 40 in a work week.
Forcing tipped employees to pool their tips with non-tipped workers, such as managers or cooks.
Forcing workers to spend for tools of the trade or other costs that their employer must pay.
Misclassifying a worker that needs to be paid overtime as “exempt” by promoting them to a “managerial” position without actually altering the employee’s job responsibilities.
A few of the most vulnerable professions to overtime and minimum wage violations include:
IT employees.
Service technicians.
Installers.
Sales agents.
Nurses and healthcare employees.
Tipped workers.
Oil and gas field workers.
Call center workers.
Personal bankers, mortgage brokers, and AMLs.
Retail staff members.
Exotic dancers.
FedEx drivers.
Disaster relief employees.
Pizza delivery chauffeurs.
What Is Employee Misclassification?
There are a variety of distinctions in between staff members and self-employed workers, likewise referred to as independent professionals or specialists. Unlike employees, who are told when and where to work, guaranteed a regular wage quantity, and entitled to employee benefits, to name a few requirements, independent contractors normally deal with a short-term, contract basis with a service, and are invoiced for their work. Independent professionals are not entitled to staff member benefits, and should submit and keep their own taxes, also.
However, in the last few years, some companies have actually abused classification by misclassifying bonafide staff members as specialists in an effort to conserve money and prevent laws. This is most frequently seen amongst “gig economy” employees, such as rideshare drivers and delivery motorists.
Some examples of misclassifications consist of:
Misclassifying an employee as an independent professional to not need to comply with Equal Job opportunity Commission laws, which prevent work discrimination.
Misclassifying an employee to prevent registering them in a health benefits plan.
Misclassifying workers to avoid paying out minimum wage.
How Is Defamation of Character Defined?
Defamation is usually defined as the act of damaging the reputation of a person through slanderous (spoken) or defamatory (written) remarks. When defamation happens in the workplace, it has the possible to hurt team spirits, create alienation, or perhaps cause long-lasting damage to a worker’s profession prospects.
Employers are accountable for putting a stop to harmful gossiping amongst employees if it is a regular and recognized incident in the office. Defamation of character in the work environment may include circumstances such as:
An employer making damaging and unfounded accusations, such as claims of theft or incompetence, toward a worker throughout an efficiency review
An employee spreading a hazardous rumor about another staff member that causes them to be refused for a job elsewhere
An employee dispersing chatter about a worker that triggers other colleagues to prevent them
What Is Considered Employer Retaliation?
It is prohibited for a company to penalize a staff member for filing a grievance or suit versus their company. This is considered employer retaliation. Although workers are lawfully protected versus retaliation, it does not stop some companies from penalizing a worker who submitted a complaint in a range of methods, such as:
Reducing the employee’s income
Demoting the employee
Re-assigning the employee to a less-desirable job
Re-assigning the worker to a shift that creates a work-family dispute
Excluding the worker from necessary office activities such as training sessions
What If a Company 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 workers who should take an extended duration of time off from work.
Under the Family Medical Leave Act (FMLA), employers must provide overdue leave time to staff members with a qualifying family or individual medical situation, such as leave for the birth or adoption of a baby or delegate look after a partner, child, or parent with a major health condition. If certified, employees are entitled to approximately 12 weeks of overdue leave time under the FMLA without fear of jeopardizing their job status.
The Uniformed Services Employment and Reemployment Rights Act (USERRA), on the other hand, guarantees certain defenses to present and former uniformed service members who might need to be missing from civilian work for a specific amount of time in order to serve in the militaries.
Leave of absence can be unjustly rejected in a variety of methods, including:
Firing a worker who took a leave of absence for the birth or adoption of their child without just cause
Demoting a staff member who took a leave of absence to take care of a passing away parent without just cause
Firing a re-employed service member who took a leave of lack to serve in the armed forces without simply cause
Retaliating against a present or former service member who took a leave of absence to serve in the militaries
What Is Executive Compensation?
Executive settlement is the combination of base money payment, deferred compensation, efficiency rewards, stock options, executive perks, severance bundles, and more, granted to top-level management staff members. Executive settlement bundles have come under increased examination by regulatory companies and shareholders alike. If you face a dispute throughout the negotiation of your executive pay plan, our attorneys might have the ability to help you.
Why Should I Contact a Morgan & Morgan Employment Attorney?
The work and labor lawyers at Morgan & Morgan have actually successfully pursued thousands of labor and employment claims for the individuals who require it most.
In addition to our successful performance history of representing victims of labor and employment claims, our labor lawyers also represent workers before administrative firms such as the Equal Job Opportunity Commission (EEOC), employment Department of Labor (DOL), Occupational Safety and Health Administration (OSHA), and National Labor Relations Board (NLRB).
If you or someone you understand may have been treated poorly by an employer or another worker, employment do not think twice to call our office. To discuss your legal rights and options, complete our complimentary, no-obligation case review type now.
What Does an Employment Attorney Do?
Documentation.
First, your assigned legal team will gather records associated with your claim, including your contract, time sheets, and communications via email or other work-related platforms.
These documents will assist your attorney comprehend the level of your claim and construct your case for settlement.
Investigation.
Your lawyer and legal group will examine your workplace claim in terrific information to gather the necessary proof.
They will take a look at the documents you provide and might also look at work records, agreements, and other office data.
Negotiation.
Your attorney will negotiate with the defense, beyond the courtroom, to help get you the compensation 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 type.
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