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Labor and Employment Attorneys
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Were You Treated Unfairly While on the Job?
Morgan & attorneys submit the many employment litigation cases in the nation, including those including wrongful termination, discrimination, harassment, wage theft, employee misclassification, character assassination, retaliation, denial of leave, and executive pay conflicts.
The office needs to be a safe location. Unfortunately, some employees are subjected to unfair and unlawful conditions by unethical employers. Workers might not know what their rights in the workplace are, or may be scared of speaking up against their employer in fear of retaliation. These labor offenses can cause lost wages and benefits, missed out on opportunities for advancement, and excessive stress.
Unfair and prejudiced labor practices versus employees can take many types, consisting of wrongful termination, discrimination, employment harassment, refusal to give a reasonable lodging, rejection of leave, company retaliation, and wage and hour violations. Workers who are victim to these and other dishonest practices may not know their rights, or may hesitate to speak up against their employer for worry of retaliation.
At Morgan & Morgan, our work attorneys deal with a range of civil lawsuits cases involving unjust labor practices versus staff members. Our lawyers have the understanding, commitment, and experience needed to represent workers in a large range of labor disputes. In fact, Morgan & Morgan has been acknowledged for submitting more labor and employment cases than any other company.
If you believe you might have been the victim of unreasonable or employment unlawful treatment in the work environment, call us by finishing our totally free case assessment kind.
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FAQ
Get answers to typically asked concerns about our legal services and find out how we may 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, nationwide origin, religious beliefs, age, and employment special needs).
Harassment (e.g., Sexual Harassment, Hostile Workplace).
Unfair Labor Practices (e.g., rejection of wages, 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 employees are release for factors that are unjust or unlawful. This is described wrongful termination, wrongful discharge, or wrongful termination.
There are many circumstances that may be grounds for a wrongful termination lawsuit, consisting of:
Firing a staff member out of retaliation.
Discrimination.
Firing a whistleblower.
Firing a staff member who will not do something unlawful for their company.
If you believe you may have been fired without proper cause, our labor and employment lawyers may have the ability to assist you recuperate back pay, overdue earnings, and other types of payment.
What Are the Most Common Forms of Workplace Discrimination?
It is unlawful to victimize a task candidate or employee on the basis of race, color, faith, sex, nationwide origin, special needs, or age. However, some companies do just that, causing a hostile and inequitable office where some employees are treated more positively than others.
Workplace discrimination can take many forms. Some examples include:
Refusing to employ somebody on the basis of their skin color.
Passing over a qualified female employee for a promo in favor of a male worker with less experience.
Not supplying equivalent training chances for workers of various spiritual backgrounds.
Imposing task eligibility criteria that intentionally evaluates out individuals with impairments.
Firing somebody based on a secured category.
What Are Some Examples of Workplace Harassment?
When employees are subjected to slurs, assaults, threats, ridicule, offending jokes, undesirable sexual advances, or verbal or physical conduct of a sexual nature, it can be considered workplace harassment. Similar to workplace discrimination, office harassment produces a hostile and abusive work environment.
Examples of work environment harassment include:
Making undesirable remarks about a worker’s appearance or body.
Telling a repulsive or sexual joke to a coworker.
Using slurs or racial epithets.
Making prejudicial declarations about a worker’s sexual preference.
Making negative remarks about a worker’s faiths.
Making prejudicial declarations about an employee’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 kind of quid pro quo harassment. This implies that the harassment results in an intangible modification in a staff member’s employment status. For example, an employee may be required to tolerate unwanted sexual advances from a supervisor as a condition of their continued employment.
Which Industries Have one of the most Overtime and Minimum Wage Violations?
The Fair Labor Standards Act (FLSA) developed particular employees’ rights, including the right to a base pay (set federally at $7.25 as of 2020) and overtime spend for all hours worked over 40 in a workweek for non-exempt staff members.
However, some companies try to cut costs by rejecting employees their rightful pay through deceitful approaches. This is called wage theft, and consists of examples such as:
Paying a worker less than the federal base pay.
Giving an employee “comp time” or hours that can be utilized toward holiday or ill time, instead of overtime pay for hours worked over 40 in a work week.
Forcing tipped employees to pool their pointers with non-tipped workers, such as managers or cooks.
Forcing workers to spend for tools of the trade or other expenses that their company must pay.
Misclassifying an employee that must be paid overtime as “exempt” by promoting them to a “supervisory” position without actually changing the employee’s task responsibilities.
A few of the most susceptible occupations to overtime and base pay offenses include:
IT employees.
Service service technicians.
Installers.
Sales representatives.
Nurses and health care workers.
Tipped workers.
Oil and gas field employees.
Call center workers.
Personal bankers, home loan brokers, and AMLs.
Retail staff members.
Strippers.
FedEx drivers.
Disaster relief employees.
Pizza delivery motorists.
What Is Employee Misclassification?
There are a variety of distinctions in between staff members and self-employed employees, also called independent specialists or experts. Unlike staff members, who are told when and where to work, guaranteed a routine wage amount, and entitled to employee benefits, among other criteria, independent specialists generally work on a short-term, contract basis with a service, and are invoiced for their work. Independent specialists are not entitled to worker benefits, and need to file and withhold their own taxes, as well.
However, in recent years, some companies have actually abused category by misclassifying bonafide workers as professionals in an attempt to save money and employment circumvent laws. This is most frequently seen among “gig economy” employees, such as rideshare motorists and delivery motorists.
Some examples of misclassifications include:
Misclassifying an employee as an independent professional to not have to comply with Equal Employment Opportunity Commission laws, which prevent work discrimination.
Misclassifying an employee to prevent enrolling them in a health benefits prepare.
Misclassifying staff members to prevent paying base pay.
How Is Defamation of Character Defined?
Defamation is typically specified as the act of harming the track record of a person through slanderous (spoken) or defamatory (written) remarks. When libel takes place in the office, it has the prospective to damage team morale, produce alienation, or perhaps cause long-lasting damage to an employee’s career potential customers.
Employers are accountable for stopping harmful gossiping amongst workers if it is a routine and known occurrence in the office. Defamation of character in the office might consist of instances such as:
An employer making damaging and unproven claims, such as claims of theft or incompetence, towards an employee during an efficiency evaluation
An employee spreading a harmful rumor about another employee that triggers them to be refused for a job in other places
An employee dispersing gossip about a worker that causes other colleagues to avoid them
What Is Considered Employer Retaliation?
It is prohibited for a company to penalize an employee for filing a grievance or claim versus their employer. This is considered employer retaliation. Although workers are lawfully secured versus retaliation, it doesn’t stop some companies from penalizing an employee who filed a problem in a range of methods, such as:
Reducing the employee’s salary
Demoting the employee
Re-assigning the worker to a less-desirable task
Re-assigning the employee to a shift that produces a work-family dispute
Excluding the employee from important workplace activities such as training sessions
What If a Business Denies a Leave of Absence?
While leave of absence laws vary from one state to another, there are a variety of federally mandated laws that protect employees who should take a prolonged time period off from work.
Under the Family Medical Leave Act (FMLA), companies should offer unpaid leave time to workers with a qualifying household or private medical situation, such as leave for the birth or adoption of a child or delegate care for a partner, kid, or moms and dad with a major health condition. If certified, workers are entitled to approximately 12 weeks of unpaid leave time under the FMLA without worry of threatening their job status.
The Uniformed Services Employment and Reemployment Rights Act (USERRA), on the other hand, guarantees certain defenses to current and former uniformed service members who may need to be missing from civilian employment for employment a particular time period in order to serve in the militaries.
Leave of absence can be unfairly denied in a variety of ways, including:
Firing a staff member who took a leave of lack for the birth or adoption of their baby without just cause
Demoting a staff member who took a leave of absence to take care of a passing away moms and dad without simply cause
Firing a re-employed service member who took a leave of absence to serve in the militaries without just cause
Retaliating against a current or former service member who took a leave of absence to serve in the militaries
What Is Executive Compensation?
Executive settlement is the mix of base money compensation, postponed compensation, performance perks, stock alternatives, executive benefits, severance plans, and more, awarded to top-level management workers. Executive payment plans have come under increased scrutiny by regulatory firms and investors alike. If you face a conflict during the settlement of your executive pay plan, our lawyers might be able to help you.
Why Should I Contact a Morgan & Morgan Employment Attorney?
The work and labor attorneys at Morgan & Morgan have effectively pursued countless labor and employment claims for the people who need it most.
In addition to our successful performance history of representing victims of labor and employment claims, our labor lawyers likewise represent employees before administrative companies 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 understand may have been treated incorrectly by a company or another staff member, employment do not think twice to contact our workplace. To discuss your legal rights and choices, fill out our complimentary, no-obligation case review kind now.
What Does a Work Attorney Do?
Documentation.
First, your appointed legal group will gather records associated with your claim, including your contract, time sheets, and communications via email or other work-related platforms.
These files will assist your lawyer understand the degree of your claim and build your case for compensation.
Investigation.
Your lawyer and legal group will examine your office claim in terrific information to collect the necessary evidence.
They will take a look at the documents you offer and might likewise take a look at employment records, agreements, and other work environment information.
Negotiation.
Your attorney will negotiate with the defense, outside of the courtroom, to help get you the settlement you might be entitled to.
If settlement negotiations are not successful, your lawyer is prepared to go to trial and present your case in the strongest possible type.
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