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Labor and Employment Attorneys

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Were You Treated Unfairly While on the Job?

Morgan & Morgan's work attorneys submit the many work litigation cases in the nation, including those involving wrongful termination, discrimination, harassment, wage theft, worker misclassification, disparagement, retaliation, rejection of leave, and executive pay disputes.

The workplace must be a safe location. Unfortunately, some employees are subjected to unfair and prohibited conditions by dishonest companies. Workers might not know what their rights in the office are, or may be scared of speaking out versus their company in fear of retaliation. These labor infractions can cause lost incomes and benefits, missed out on chances for advancement, and undue tension.

Unfair and discriminatory labor practices versus staff members can take lots of kinds, including wrongful termination, discrimination, harassment, rejection to offer a reasonable accommodation, denial of leave, employer retaliation, and wage and hour offenses. Workers who are victim to these and other dishonest practices might not understand their rights, or may hesitate to speak out versus their company for fear of retaliation.

At Morgan & Morgan, our work lawyers manage a variety of civil litigation cases involving unfair labor practices versus workers. Our lawyers possess the understanding, dedication, and experience needed to represent employees in a vast array of labor conflicts. In reality, Morgan & Morgan has actually been acknowledged for filing more labor and work cases than any other firm.

If you believe you might have been the victim of unreasonable or prohibited treatment in the work environment, contact us by finishing our free case evaluation type.

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Step 1

Submit. your claim

With a free case assessment, submitting your case is simple with Morgan & Morgan.


Step 2

We take. action

Our dedicated group gets to work investigating your claim.


Step 3

We fight. for you

If we handle the case, our group battles to get you the outcomes you should have.


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FAQ

Get responses to commonly asked concerns about our legal services and discover how we might assist you with your case.

What Does Labor Law and employment Employment Law Cover?

Our practice represents people 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., Unwanted sexual advances, Hostile Work Environment).
Unfair Labor Practices (e.g., denial of earnings, overtime, pointer 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 staff members are release for factors that are unjust or illegal. This is described wrongful termination, wrongful discharge, or wrongful dismissal.

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

Firing an employee out of retaliation.
Discrimination.
Firing a whistleblower.
Firing an employee who will not do something unlawful for their employer.
If you think you may have been fired without proper cause, our labor and work lawyers might have the ability to assist you recover back pay, overdue salaries, and other forms of settlement.

What Are the Most Common Forms of Workplace Discrimination?

It is prohibited to victimize a task candidate or worker on the basis of race, color, religious beliefs, sex, nationwide origin, disability, or age. However, some companies do just that, causing a hostile and inequitable work environment where some workers are dealt with more positively than others.

Workplace discrimination can take lots of kinds. Some examples include:

Refusing to hire somebody on the basis of their skin color.
Passing over a certified female staff member for a promotion in favor of a male worker with less experience.
Not providing equal training opportunities for staff members of different religious backgrounds.
Imposing task eligibility requirements that deliberately evaluates out individuals with disabilities.
Firing somebody based upon a safeguarded category.
What Are Some Examples of Workplace Harassment?

When employees are subjected to slurs, attacks, threats, ridicule, offending jokes, unwelcome sexual advances, or verbal or physical conduct of a sexual nature, it can be thought about workplace harassment. Similar to workplace discrimination, work environment harassment develops 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 colleague.
Using slurs or racial epithets.
Making prejudicial declarations about an employee's sexual preference.
Making unfavorable remarks about a staff member's spiritual beliefs.
Making prejudicial statements about a staff member's birth place or family heritage.
Making negative remarks or jokes about the age of a worker over the age of 40.
Workplace harassment can likewise take the form of quid pro quo harassment. This implies that the harassment results in an intangible change in a worker's work status. For example, a staff member may be required to endure unwanted sexual advances from a manager 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 specific workers' rights, of the right to a base pay (set federally at $7.25 since 2020) and overtime spend for all hours worked over 40 in a workweek for non-exempt employees.

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

Paying an employee less than the federal base pay.
Giving a worker "comp time" or hours that can be used toward getaway or ill time, rather than overtime spend for hours worked over 40 in a work week.
Forcing tipped workers to pool their ideas with non-tipped workers, such as managers or cooks.
Forcing employees to pay for tools of the trade or other expenditures that their company should pay.
Misclassifying a worker that should be paid overtime as "exempt" by promoting them to a "supervisory" position without in fact changing the employee's task responsibilities.
Some of the most susceptible occupations to overtime and minimum wage infractions consist of:

IT employees.
Service professionals.
Installers.
Sales representatives.
Nurses and health care workers.
Tipped workers.
Oil and gas field employees.
Call center workers.
Personal bankers, home mortgage brokers, and AMLs.
Retail employees.
Strippers.
FedEx drivers.
Disaster relief employees.
Pizza delivery drivers.
What Is Employee Misclassification?

There are a number of differences between workers and self-employed workers, likewise referred to as independent specialists or specialists. Unlike employees, who are told when and where to work, guaranteed a routine wage quantity, and entitled to staff member benefits, to name a few requirements, independent specialists usually work on a short-term, contract basis with a business, and are invoiced for their work. Independent contractors are not entitled to staff member benefits, and need to file and withhold their own taxes, as well.

However, over the last few years, some employers have abused classification by misclassifying bonafide staff members as professionals in an attempt to save money and circumvent laws. This is most frequently seen amongst "gig economy" workers, such as rideshare motorists and delivery motorists.

Some examples of misclassifications consist of:

Misclassifying an employee as an independent specialist to not need to adhere to Equal Job opportunity Commission laws, which prevent employment discrimination.
Misclassifying an employee to prevent enrolling them in a health benefits plan.
Misclassifying workers to prevent paying out minimum wage.
How Is Defamation of Character Defined?

Defamation is generally defined as the act of damaging the credibility of an individual through slanderous (spoken) or false (written) comments. When character assassination takes place in the work environment, it has the prospective to harm team morale, create alienation, or even cause long-term damage to an employee's profession prospects.

Employers are responsible for stopping hazardous gossiping amongst workers if it is a regular and recognized occurrence in the workplace. Defamation of character in the workplace might include instances such as:

A company making hazardous and unfounded claims, such as claims of theft or incompetence, toward a worker during an efficiency review
A staff member spreading a damaging report about another staff member that causes them to be rejected for a job in other places
A staff member spreading chatter about an employee that causes other colleagues to prevent them
What Is Considered Employer Retaliation?

It is prohibited for a business to punish a worker for filing a problem or claim against their employer. This is thought about employer retaliation. Although employees are lawfully protected against retaliation, it does not stop some employers from penalizing a worker who submitted a grievance in a variety of ways, such as:

Reducing the worker's wage
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 employee from vital office activities such as training sessions
What If a Business 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 staff members who must take an extended time period off from work.

Under the Family Medical Leave Act (FMLA), companies need to offer unpaid leave time to employees with a certifying family or specific medical situation, such as leave for the birth or adoption of an infant or delegate take care of a partner, kid, or parent with a severe health condition. If certified, workers are entitled to up to 12 weeks of unpaid leave time under the FMLA without fear of jeopardizing their task status.

The Uniformed Services Employment and Reemployment Rights Act (USERRA), on the other hand, guarantees particular defenses to current and previous uniformed service members who may require to be absent from civilian work for a certain period 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 worker who took a leave of lack for the birth or adoption of their baby without just cause
Demoting an employee who took a leave of lack to look after a passing away moms and dad without just cause
Firing a re-employed service member who took a leave of absence to serve in the militaries without just cause
Retaliating against a present or previous service member who took a leave of absence to serve in the armed forces
What Is Executive Compensation?

Executive payment is the mix of base cash payment, postponed settlement, performance bonus offers, stock options, executive benefits, severance packages, and more, granted to top-level management staff members. Executive compensation plans have come under increased analysis by regulative firms and investors alike. If you face a disagreement throughout the negotiation of your executive pay bundle, our attorneys might be able to assist you.

Why Should I Contact a Morgan & Morgan Employment Attorney?

The work and labor lawyers at Morgan & Morgan have successfully pursued countless labor and employment claims for the individuals who need it most.

In addition to our successful performance history of representing victims of labor and employment claims, our labor attorneys also represent workers 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 know may have been treated poorly by an employer or another worker, do not think twice to call our office. To discuss your legal rights and options, complete our totally free, no-obligation case review kind now.

What Does a Work Attorney Do?

Documentation. First, your assigned legal team will collect records associated with your claim, including your contract, time sheets, and interactions via e-mail or other job-related platforms. These documents will help your lawyer comprehend the extent of your claim and construct your case for payment.

Investigation. Your attorney and legal team will investigate your workplace claim in terrific information to gather the required evidence. They will look at the files you provide and may likewise take a look at employment records, agreements, and other work environment data.

Negotiation. Your attorney will work out with the defense, outside of the courtroom, to assist get you the payment 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 strongest possible type.

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