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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 work attorneys file one of the most work litigation cases in the nation, including those including wrongful termination, discrimination, harassment, wage theft, worker misclassification, libel, retaliation, denial of leave, and executive pay conflicts.

The workplace must be a safe location. Unfortunately, some workers undergo unreasonable and unlawful conditions by unscrupulous companies. Workers might not know what their rights in the office are, or might hesitate of speaking out against their employer in worry of retaliation. These labor offenses can cause lost wages and benefits, missed out on chances for development, and unnecessary stress.

Unfair and prejudiced labor practices against workers can take lots of forms, consisting of wrongful termination, discrimination, harassment, rejection to give a reasonable lodging, denial of leave, company retaliation, and wage and hour violations. Workers who are victim to these and other dishonest practices might not understand their rights, or may be afraid to speak up versus their employer for fear of retaliation.

At Morgan & Morgan, our work lawyers deal with a variety of civil lawsuits cases including unreasonable labor practices against workers. Our attorneys have the understanding, devotion, and experience required to represent employees in a vast array of labor disputes. In truth, Morgan & Morgan has been recognized for filing more labor and work cases than any other company.

If you think you might have been the victim of unfair or prohibited treatment in the workplace, call us by finishing our complimentary case assessment type.

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FAQ

Get the answer to commonly asked questions about our legal services and discover how we may assist you with your case.

What Does Labor Law and Employment Law Cover?

Our practice represents people who have actually been the victim of:

Wrongful Termination.
Discrimination (e.g., sex, race, color, harassment, national origin, faith, age, and disability).
Harassment (e.g., Unwanted sexual advances, Hostile Work Environment).
Unfair Labor Practices (e.g., denial of wages, 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 termed wrongful termination, wrongful discharge, or wrongful dismissal.

There are many scenarios that may be grounds for a wrongful termination suit, consisting of:

Firing a staff member out of retaliation.
Discrimination.
Firing a whistleblower.
Firing a staff member who won't do something prohibited for their employer.
If you think you may have been fired without appropriate cause, our labor and employment lawyers might have the ability to assist you recover back pay, overdue wages, and other types of settlement.

What Are the Most Common Forms of Workplace Discrimination?

It is unlawful to victimize a job candidate or staff member on the basis of race, color, religious beliefs, sex, nationwide origin, impairment, or age. However, some employers do simply that, causing a hostile and inequitable workplace where some workers are treated more positively than others.

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

Refusing to work with somebody 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 offering equivalent training opportunities for employees of various spiritual backgrounds.
Imposing task eligibility criteria that deliberately screens out individuals with impairments.
Firing somebody based upon a safeguarded category.
What Are Some Examples of Workplace Harassment?

When employees go through slurs, assaults, threats, ridicule, offensive jokes, unwanted sexual advances, or verbal or physical conduct of a sexual nature, it can be considered workplace harassment. Similar to workplace discrimination, workplace harassment develops a hostile and violent workplace.

Examples of office harassment consist of:

Making unwanted remarks about a worker's appearance or body.
Telling a repulsive or sexual joke to a colleague.
Using slurs or racial epithets.
Making prejudicial statements about a worker's sexual preference.
Making unfavorable comments about a worker's religious beliefs.
Making prejudicial statements about an employee's birthplace or household heritage.
Making unfavorable remarks or jokes about the age of an employee over the age of 40.
Workplace harassment can likewise take the type of quid professional quo harassment. This implies that the harassment leads to an intangible change in a staff member's employment status. For instance, an employee might be required to tolerate sexual harassment from a supervisor 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 workers' rights, consisting of the right to a base pay (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 try to cut costs by denying workers their rightful pay through deceiving techniques. 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 used toward trip or ill time, rather than overtime pay for hours worked over 40 in a work week.
Forcing tipped employees to pool their pointers with non-tipped employees, such as managers or cooks.
Forcing workers to spend for tools of the trade or other costs that their company should pay.
Misclassifying an employee that should be paid overtime as "exempt" by promoting them to a "managerial" position without actually altering the employee's job tasks.
Some of the most susceptible occupations to overtime and minimum wage offenses include:

IT employees.
Service professionals.
Installers.
Sales agents.
Nurses and healthcare employees.
Tipped employees.
Oil and gas field employees.
Call center employees.
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 number of differences between staff members and self-employed employees, likewise called independent professionals or specialists. Unlike employees, who are told when and where to work, ensured a routine wage amount, and entitled to worker benefits, to name a few criteria, independent contractors usually deal with a short-term, contract basis with a company, and are invoiced for their work. Independent specialists are not entitled to staff member advantages, and need to file and withhold their own taxes, too.

However, in the last few years, some employers have abused category by misclassifying bonafide employees as specialists in an attempt to save money and circumvent laws. This is most typically seen among "gig economy" employees, such as rideshare motorists and shipment chauffeurs.

Some examples of misclassifications include:

Misclassifying an employee as an independent professional to not have to comply with Equal Job opportunity Commission laws, which prevent employment discrimination.
Misclassifying an employee to avoid registering them in a health advantages prepare.
Misclassifying staff members to avoid paying out minimum wage.
How Is Defamation of Character Defined?

Defamation is typically defined as the act of damaging the credibility of a person through slanderous (spoken) or libelous (written) remarks. When defamation occurs in the work environment, it has the possible to hurt group morale, develop alienation, or perhaps trigger long-term damage to an employee's profession prospects.

Employers are responsible for putting a stop to damaging gossiping amongst employees if it is a routine and known incident in the office. Defamation of character in the office might include instances such as:

A company making damaging and unfounded accusations, such as claims of theft or incompetence, towards a staff member throughout an efficiency evaluation
An employee spreading out a hazardous rumor about another staff member that triggers them to be declined for a job elsewhere
A staff member dispersing gossip about an employee that causes other coworkers to prevent them
What Is Considered Employer Retaliation?

It is illegal for a business to penalize a worker for filing a complaint or claim versus their employer. This is considered employer retaliation. Although workers are lawfully safeguarded versus retaliation, it doesn't stop some companies from penalizing a staff member who filed a complaint in a range of ways, such as:

Reducing the employee's income
Demoting the worker
Re-assigning the employee to a less-desirable job
Re-assigning the worker to a shift that creates a work-family conflict
Excluding the employee from important work environment 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 employees who must take an extended time period off from work.

Under the Family Medical Leave Act (FMLA), employers need to offer unsettled leave time to employees with a certifying family or specific medical circumstance, such as leave for the birth or adoption of a baby or delegate take care of a spouse, kid, or parent with a major health condition. If certified, employees are entitled to as much as 12 weeks of unsettled 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 certain protections to present and former uniformed service members who may require to be absent from civilian work for a specific amount of time in order to serve in the armed forces.

Leave of lack can be unfairly denied in a number of ways, including:

Firing an employee who took a leave of absence for the birth or adoption of their infant without just cause
Demoting a worker who took a leave of lack to take care of a dying parent without just cause
Firing a re-employed service member who took a leave of absence to serve in the militaries without simply cause
Retaliating against an existing or former service member who took a leave of lack to serve in the militaries
What Is Executive Compensation?

Executive payment is the combination of base cash settlement, delayed settlement, performance bonus offers, stock alternatives, executive perks, severance bundles, and more, awarded to top-level management workers. Executive compensation bundles have actually come under increased examination by regulative agencies and investors alike. If you face a dispute throughout the negotiation of your executive pay plan, our lawyers might have the ability to assist you.

Why Should I Contact a Morgan & Morgan Employment Attorney?

The employment and labor attorneys at Morgan & Morgan have actually successfully pursued thousands of labor and employment claims for individuals who require it most.

In addition to our successful track record of representing victims of labor and work claims, our labor attorneys likewise represent employees before administrative agencies such as the Equal Employment Opportunity Commission (EEOC), Department of Labor (DOL), Occupational Safety and Health Administration (OSHA), employment and National Labor Relations Board (NLRB).

If you or somebody you understand may have been dealt with poorly by an employer or another worker, do not think twice to contact our office. To discuss your legal rights and choices, fill out our free, no-obligation case review form now.

What Does an Employment Attorney Do?

Documentation. First, your appointed legal team will collect records connected to your claim, including your agreement, time sheets, and interactions through e-mail or other work-related platforms. These documents will help your lawyer understand the degree of your claim and build your case for compensation.

Investigation. Your lawyer and legal team will investigate your work environment claim in great information to gather the required proof. They will look at the files you offer and might also take a look at work records, contracts, and other work environment data.

Negotiation. Your lawyer will work out with the defense, outside of the courtroom, to assist get you the compensation 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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