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Labor and Employment Attorneys

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Were You Treated Unfairly While on the Job?

Morgan & Morgan's work lawyers file one of the most work litigation cases in the nation, including those involving wrongful termination, discrimination, harassment, wage theft, staff member misclassification, libel, retaliation, rejection of leave, and executive pay disputes.

The workplace must be a safe location. Unfortunately, some employees undergo unreasonable and illegal conditions by unethical companies. Workers may not understand what their rights in the office are, or might hesitate of speaking out against their company in worry of retaliation. These labor offenses can lead to lost salaries and advantages, missed opportunities for improvement, and excessive tension.

Unfair and prejudiced labor practices versus staff members can take many types, including wrongful termination, discrimination, harassment, rejection to provide a reasonable accommodation, 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 might be afraid to speak out versus their company for fear of retaliation.

At Morgan & Morgan, our work lawyers deal with a variety of civil litigation cases involving unjust labor practices versus workers. Our attorneys have the understanding, commitment, and experience required to represent workers in a vast array of labor disputes. In fact, Morgan & Morgan has been acknowledged for filing more labor and employment cases than any other company.

If you think you may have been the victim of unfair or prohibited treatment in the work environment, contact us by finishing our totally free case evaluation kind.

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FAQ

Get responses to commonly asked questions about our legal services and discover how we might 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, religion, age, and special needs).

Harassment (e.g., Sexual Harassment, Hostile Work Environment).

Unfair Labor Practices (e.g., denial of salaries, 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 claims.

Executive Pay Disputes.

What Constitutes Wrongful Termination?

Sometimes staff members are let go for factors that are unfair or illegal. This is termed wrongful termination, wrongful discharge, or wrongful termination.

There are lots of scenarios that might be premises for a wrongful termination claim, job consisting of:

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 might have been fired without proper cause, our labor and employment attorneys might be able to assist you recover back pay, overdue salaries, and other types of settlement.

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

It is prohibited to victimize a task candidate or employee on the basis of race, color, faith, sex, nationwide origin, impairment, or age. However, some employers do simply that, resulting in a hostile and inequitable work environment where some workers are treated more favorably 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 staff member for a promotion in favor of a male worker with less experience.

Not offering equal training chances for staff members of various religious backgrounds.

Imposing job eligibility requirements that intentionally evaluates out people with impairments.

Firing someone based upon a safeguarded category.

What Are Some Examples of Workplace Harassment?

When employees are subjected to slurs, assaults, risks, ridicule, offensive jokes, unwanted sexual advances, or verbal or physical conduct of a sexual nature, it can be thought about workplace harassment. Similar to workplace discrimination, office harassment creates a hostile and abusive work environment.

Examples of work environment harassment consist of:

Making unwelcome comments about an employee's look 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 comments about an employee's faiths.

Making prejudicial statements about a worker's birth place or household 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 professional quo harassment. This suggests that the harassment results in an intangible modification in a worker's work status. For instance, an employee might be forced to endure unwanted sexual advances from a manager as a condition of their continued employment.

Which Industries Have the Most Overtime and Minimum Wage Violations?

The Fair Labor Standards Act (FLSA) developed specific workers' rights, including the right to a minimum wage (set federally at $7.25 since 2020) and overtime spend for all hours worked over 40 in a workweek for non-exempt workers.

However, some employers try to cut expenses by denying 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 minimum wage.

Giving a worker "comp time" or hours that can be used towards getaway or ill time, rather than overtime pay for hours worked over 40 in a work week.

Forcing tipped employees to pool their ideas with non-tipped employees, such as managers or cooks.

Forcing workers to spend for job tools of the trade or other expenditures that their company need to pay.

Misclassifying a worker that ought to be paid overtime as "exempt" by promoting them to a "managerial" position without actually changing the worker's job duties.

Some of the most susceptible professions to overtime and base pay infractions consist of:

IT workers.

Service technicians.

Installers.

Sales representatives.

Nurses and healthcare workers.

Tipped workers.

Oil and gas field employees.

Call center workers.

Personal lenders, home mortgage brokers, and AMLs.

Retail employees.

Exotic dancers.

FedEx motorists.

Disaster relief workers.

Pizza delivery motorists.

What Is Employee Misclassification?

There are a variety of distinctions in between staff members and self-employed workers, also called independent professionals or specialists. Unlike workers, who are informed when and where to work, guaranteed a routine wage amount, and entitled to employee advantages, amongst other requirements, independent contractors typically work on a short-term, contract basis with a business, and are invoiced for their work. Independent specialists are not entitled to staff member benefits, and need to submit and withhold their own taxes, too.

However, recently, some employers have actually abused category by misclassifying bonafide employees as contractors in an effort to conserve money and prevent laws. This is most commonly seen amongst "gig economy" employees, such as rideshare drivers and delivery motorists.

Some examples of misclassifications consist of:

Misclassifying a worker as an independent professional to not have to adhere to Equal Job opportunity Commission laws, which avoid work discrimination.

Misclassifying a worker to prevent enrolling them in a health benefits plan.

Misclassifying employees to avoid 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 disparaging (written) comments. When disparagement occurs in the workplace, it has the possible to harm team spirits, develop alienation, or even cause long-lasting damage to an employee's career potential customers.

Employers are responsible for stopping hazardous gossiping among employees if it is a regular and recognized event in the office. Defamation of character in the workplace might include circumstances such as:

A company making damaging and unfounded allegations, such as claims of theft or incompetence, toward an employee during a performance evaluation

An employee spreading a damaging rumor about another staff member that causes them to be refused for a job somewhere else

An employee spreading chatter about an employee that causes other coworkers to avoid them

What Is Considered Employer Retaliation?

It is illegal for a business to punish a staff member for filing a complaint or lawsuit versus their company. This is thought about company retaliation. Although workers are lawfully safeguarded versus retaliation, it does not stop some employers from punishing a worker who submitted a complaint in a variety of methods, such as:

Reducing the employee'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 important work environment activities such as training sessions

What If a Company Denies a Leave of Absence?

While leave of lack laws differ from one state to another, there are a number of federally mandated laws that protect staff members who should take a prolonged duration of time off from work.

Under the Family Medical Leave Act (FMLA), companies must offer unsettled leave time to workers with a certifying family or individual medical scenario, such as leave for the birth or adoption of an infant or delegate look after a spouse, kid, or moms and dad with a severe health condition. If certified, employees are entitled to as much as 12 weeks of unpaid leave time under the FMLA without fear of threatening their task status.

The Uniformed Services Employment and Reemployment Rights Act (USERRA), on the other hand, assurances certain defenses to present and former uniformed service members who may require to be missing from civilian employment for a particular duration of time in order to serve in the militaries.

Leave of lack can be unfairly rejected in a variety of methods, including:

Firing an employee 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 lack to look after a passing away moms and dad without simply cause

Firing a re-employed service member who took a leave of lack to serve in the militaries without just cause

Retaliating versus a current or previous service member who took a leave of lack to serve in the armed forces

What Is Executive Compensation?

Executive payment is the combination of base cash payment, delayed payment, performance bonus offers, stock choices, executive benefits, severance plans, and more, granted to top-level management employees. Executive compensation plans have actually come under increased examination by regulative agencies and investors alike. If you deal with a conflict throughout the settlement of your executive pay package, our attorneys may be able to assist you.

Why Should I Contact a Morgan & Morgan Employment Attorney?

The work and labor attorneys at Morgan & Morgan have successfully pursued countless labor and work claims for the individuals who require it most.

In addition to our effective track record of representing victims of labor job and work claims, our labor attorneys likewise represent employees 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 someone you know might have been dealt with incorrectly by a company or another staff member, do not be reluctant to call our workplace. To discuss your legal rights and alternatives, complete our free, no-obligation case review form now.

What Does a Work Attorney Do?

Documentation.
First, your appointed legal team will gather records connected to your claim, including your agreement, time sheets, and communications by means of email or other job-related platforms.
These documents will help your attorney understand the level of your claim and build your case for payment.

Investigation.
Your lawyer and legal group will investigate your office claim in excellent detail to gather the needed proof.
They will look at the documents you provide and might likewise take a look at employment records, agreements, and other workplace data.

Negotiation.
Your attorney will work out with the defense, beyond the courtroom, to assist get you the compensation you might 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.