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Mistreated on the Job?

Labor and Employment Attorneys

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Were You Treated Unfairly While on the Job?

Morgan & Morgan's employment attorneys submit one of the most employment litigation cases in the country, consisting of those involving wrongful termination, discrimination, harassment, wage theft, staff member misclassification, character assassination, retaliation, rejection of leave, and executive pay conflicts.

The work environment ought to be a safe place. Unfortunately, some workers go through unjust and unlawful conditions by unethical companies. Workers may not understand what their rights in the office are, or might hesitate of speaking up against their employer in worry of retaliation. These labor infractions can cause lost incomes and benefits, missed out on opportunities for development, and excessive stress.

Unfair and inequitable labor practices versus staff members can take many forms, including wrongful termination, discrimination, harassment, refusal to offer an affordable lodging, rejection of leave, company retaliation, and wage and hour offenses. Workers who are victim to these and other dishonest practices might not know their rights, or might hesitate to speak out against their employer for fear of retaliation.

At Morgan & Morgan, our employment attorneys handle a range of civil litigation cases including unjust labor practices versus staff members. Our lawyers have the knowledge, dedication, and experience needed to represent workers in a large variety of labor conflicts. In fact, Morgan & Morgan has been acknowledged for submitting more labor and employment cases than any other firm.

If you think you might have been the victim of unreasonable or illegal treatment in the workplace, call us by finishing our totally free case assessment form.

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Step 1

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We take. action

Our devoted team gets to work examining your claim.


Step 3

We combat. for you

If we handle the case, our team battles to get you the outcomes you deserve.


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Results may differ depending upon your particular realities and legal situations.


FAQ

Get the answer to typically asked concerns about our legal services and learn 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, national origin, faith, age, and disability).
Harassment (e.g., Sexual Harassment, Hostile Work Environment).
Unfair Labor Practices (e.g., rejection of salaries, overtime, tip pooling, and equivalent 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 workers are let go for reasons that are unjust or prohibited. This is termed wrongful termination, wrongful discharge, or wrongful dismissal.

There are numerous situations that might be grounds for a wrongful termination claim, including:

Firing a worker out of retaliation.
Discrimination.
Firing a whistleblower.
Firing an employee who won't do something illegal for their employer.
If you believe you may have been fired without correct cause, our labor and work attorneys might have the ability to help you recover back pay, unsettled incomes, and other forms of payment.

What Are one of the most Common Forms of Workplace Discrimination?

It is illegal to discriminate versus a task applicant or worker on the basis of race, color, religious beliefs, sex, nationwide origin, disability, or age. However, some employers do just that, leading to a hostile and inequitable office where some employees are treated more positively than others.

Workplace discrimination can take numerous forms. Some examples include:

Refusing to hire someone on the basis of their skin color.
Passing over a qualified female worker for a promotion in favor of a male worker with less experience.
Not supplying equivalent training opportunities for staff members of various religious backgrounds.
Imposing task eligibility requirements that intentionally evaluates out individuals with specials needs.
Firing somebody based upon a protected classification.
What Are Some Examples of Workplace Harassment?

When workers undergo slurs, assaults, hazards, ridicule, offending jokes, undesirable sexual advances, or spoken or physical conduct of a sexual nature, it can be considered workplace harassment. Similar to workplace discrimination, workplace harassment creates a hostile and violent workplace.

Examples of work environment harassment include:

Making undesirable comments about an employee's appearance or body.
Telling a repulsive or sexual joke to a coworker.
Using slurs or racial epithets.
Making prejudicial statements about an employee's sexual orientation.
Making negative remarks about a staff member's religious beliefs.
Making prejudicial declarations about a worker's birth place or family heritage.
Making negative comments or jokes about the age of a worker over the age of 40.
Workplace harassment can also take the kind of quid pro quo harassment. This indicates that the harassment results in an intangible modification in an employee's work status. For example, a staff member 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 Base Pay Violations?

The Fair Labor Standards Act (FLSA) established particular workers' rights, consisting of 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 sly methods. This is called wage theft, and includes examples such as:

Paying a worker less than the federal minimum wage.
Giving a worker "comp time" or hours that can be utilized towards holiday or sick time, rather than overtime spend for hours worked over 40 in a work week.
Forcing tipped employees to pool their tips with non-tipped employees, such as managers or cooks.
Forcing employees to spend for tools of the trade or other expenditures that their employer need to pay.
Misclassifying a worker that must be paid overtime as "exempt" by promoting them to a "supervisory" position without really changing the worker's job responsibilities.
Some of the most vulnerable occupations to overtime and base pay infractions consist of:

IT workers.
Service service technicians.
Installers.
Sales agents.
Nurses and healthcare workers.
Tipped workers.
Oil and gas field workers.
Call center workers.
Personal lenders, mortgage brokers, and AMLs.
Retail workers.
Exotic dancers.
FedEx chauffeurs.
Disaster relief workers.
Pizza shipment drivers.
What Is Employee Misclassification?

There are a variety of differences in between staff members and self-employed workers, likewise understood as independent contractors or experts. Unlike staff members, who are informed when and where to work, guaranteed a routine wage amount, and entitled to staff member benefits, among other criteria, independent professionals normally deal with a short-term, contract basis with an organization, and are invoiced for their work. Independent professionals are not entitled to employee advantages, and must file and keep their own taxes, as well.

However, in the last few years, some companies have abused category by misclassifying bonafide employees as contractors in an attempt to conserve cash and prevent laws. This is most frequently seen among "gig economy" employees, such as rideshare drivers and delivery motorists.

Some examples of misclassifications include:

Misclassifying an employee as an independent professional to not need to abide by Equal Employment Opportunity Commission laws, which avoid employment discrimination.
Misclassifying a worker to avoid registering them in a health advantages prepare.
Misclassifying employees to prevent paying minimum wage.
How Is Defamation of Character Defined?

Defamation is normally specified as the act of harming the track record of an individual through slanderous (spoken) or disparaging (written) comments. When character assassination happens in the work environment, it has the potential to hurt group spirits, develop alienation, and even trigger long-term damage to an employee's profession prospects.

Employers are responsible for stopping hazardous gossiping among workers if it is a routine and known event in the office. Defamation of character in the office might consist of circumstances such as:

A company making hazardous and unfounded allegations, employment such as claims of theft or incompetence, toward a staff member during an efficiency evaluation
A staff member spreading a hazardous rumor about another worker that triggers them to be declined for a task elsewhere
A worker spreading gossip about an employee that triggers other colleagues to avoid them
What Is Considered Employer Retaliation?

It is prohibited for a business to punish a worker for filing a grievance or suit versus their company. This is considered company retaliation. Although employees are legally safeguarded against retaliation, it does not stop some employers from punishing a staff member who filed a problem 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 worker to a shift that creates a work-family conflict
Excluding the employee from vital work environment activities such as training sessions
What If a Company 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 secure staff members who need to take a prolonged time period off from work.

Under the Family Medical Leave Act (FMLA), companies must provide unsettled leave time to employees with a qualifying household or private medical situation, such as leave for the birth or employment adoption of a baby or delegate take care of a spouse, kid, or moms and dad with a serious health condition. If qualified, employees are entitled to approximately 12 weeks of overdue leave time under the FMLA without worry of threatening their task status.

The Uniformed Services Employment and Reemployment Rights Act (USERRA), on the other hand, warranties particular defenses to present and former uniformed service members who might need to be missing from civilian employment for a specific amount of time in order to serve in the militaries.

Leave of lack can be unjustly rejected in a number of ways, consisting of:

Firing a worker who took a leave of lack for the birth or adoption of their infant without simply cause
Demoting an employee who took a leave of lack to look after 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 previous service member who took a leave of absence to serve in the armed forces
What Is Executive Compensation?

Executive compensation is the mix of base money settlement, postponed settlement, performance perks, stock options, executive advantages, employment severance plans, and more, granted to high-level management staff members. Executive payment packages have actually come under increased examination by regulatory agencies and shareholders alike. If you face a dispute during the negotiation of your executive pay bundle, our lawyers may be able to assist you.

Why Should I Contact a Morgan & Morgan Employment Attorney?

The work and at Morgan & Morgan have actually effectively pursued countless labor and work claims for individuals who require it most.

In addition to our successful performance history of representing victims of labor and work claims, our labor attorneys also represent workers before administrative companies such as the Equal Job Opportunity Commission (EEOC), Department of Labor employment (DOL), Occupational Safety and Health Administration (OSHA), and National Labor Relations Board (NLRB).

If you or someone you know may have been treated incorrectly by an employer or another employee, do not hesitate to call our office. To discuss your legal rights and options, fill out our complimentary, no-obligation case evaluation type now.

What Does an Employment Attorney Do?

Documentation. First, your appointed legal group will gather records associated with your claim, including your agreement, time sheets, and communications by means of e-mail or other work-related platforms. These documents will help your lawyer comprehend the level of your claim and build your case for compensation.

Investigation. Your lawyer and legal team will investigate your office claim in fantastic detail to gather the needed evidence. They will look at the documents you provide and may also take a look at employment records, agreements, and other office data.

Negotiation. Your attorney will negotiate with the defense, outside of the courtroom, to assist get you the compensation you may be entitled to. If settlement negotiations are not successful, your attorney is prepared to go to trial and present your case in the greatest possible form.

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