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Labor and employment Employment Attorneys

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Were You Treated Unfairly While on the Job?

Morgan & Morgan’s employment attorneys file one of the most employment litigation cases in the country, consisting of those involving wrongful termination, discrimination, employment harassment, wage theft, worker misclassification, defamation, retaliation, denial of leave, and executive pay conflicts.

The workplace ought to be a safe place. Unfortunately, some employees undergo unreasonable and illegal conditions by unscrupulous companies. Workers might not understand what their rights in the workplace are, or may hesitate of speaking out against their employer in worry of retaliation. These labor violations can cause lost earnings and benefits, missed chances for advancement, and excessive stress.

Unfair and discriminatory labor practices versus employees can take many types, consisting of wrongful termination, discrimination, harassment, rejection to offer a sensible lodging, rejection of leave, employer retaliation, and wage and hour infractions. Workers who are victim to these and other dishonest practices may not understand their rights, or might be afraid to speak out versus their employer for employment fear of retaliation.

At Morgan & Morgan, our employment attorneys manage a range of civil litigation cases involving unfair labor practices against workers. Our lawyers have the knowledge, employment dedication, and experience required to represent employees in a large range of labor disagreements. In truth, Morgan & Morgan has actually been recognized for submitting more labor and work cases than any other firm.

If you believe you might have been the victim of unjust or prohibited treatment in the work environment, call us by completing our totally free case examination kind.

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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, religious beliefs, age, and disability).

Harassment (e.g., Unwanted sexual advances, Hostile Work Environment).

Unfair Labor Practices (e.g., denial of salaries, overtime, idea 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 staff members are let go for reasons that are unjust or illegal. This is termed wrongful termination, wrongful discharge, or wrongful dismissal.

There are many circumstances that may be grounds for a wrongful termination suit, including:

Firing a worker out of retaliation.

Discrimination.

Firing a whistleblower.

Firing a staff member who will not do something illegal for their company.

If you think you might have been fired without proper cause, our labor and employment attorneys might have the ability to assist you recover back pay, unpaid salaries, and other forms of compensation.

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

It is prohibited to discriminate versus a task candidate or staff member on the basis of race, color, faith, sex, national origin, disability, or age. However, some employers do simply that, leading to a hostile and inequitable office where some employees are dealt with more favorably than others.

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

Refusing to work with someone on the basis of their skin color.

Passing over a qualified female worker for a promo in favor of a male worker with less experience.

Not offering equivalent training opportunities for workers of various religious backgrounds.

Imposing task eligibility criteria that intentionally screens out individuals with disabilities.

Firing someone based on a protected category.

What Are Some Examples of Workplace Harassment?

When workers are subjected to slurs, attacks, dangers, ridicule, offending jokes, unwelcome sexual advances, employment or spoken or physical conduct of a sexual nature, it can be considered workplace harassment. Similar to workplace discrimination, work environment harassment develops a hostile and violent work environment.

Examples of workplace harassment consist of:

Making unwanted remarks about an employee’s look or body.

Telling a vulgar or sexual joke to a colleague.

Using slurs or racial epithets.

Making prejudicial statements about an employee’s sexual preference.

Making unfavorable remarks about a worker’s spiritual beliefs.

Making prejudicial statements about an employee’s birth place or family heritage.

Making negative comments or jokes about the age of an employee over the age of 40.

Workplace harassment can likewise take the form of quid professional quo harassment. This means that the harassment results in an intangible change in a worker’s employment status. For example, an employee might be forced to tolerate sexual harassment from a supervisor as a condition of their continued employment.

Which Industries Have the Most Overtime and Minimum Wage Violations?

The Fair Labor Standards Act (FLSA) developed particular workers’ rights, including 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 companies attempt to cut costs by rejecting workers 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 used toward getaway or ill time, instead of overtime spend for hours worked over 40 in a work week.

Forcing tipped workers to pool their suggestions with non-tipped employees, such as supervisors or cooks.

Forcing employees to pay for tools of the trade or other expenditures that their company ought to pay.

Misclassifying an employee that must be paid overtime as “exempt” by promoting them to a “managerial” position without really altering the worker’s task duties.

Some of the most vulnerable occupations to overtime and base pay include:

IT employees.

Service professionals.

Installers.

Sales agents.

Nurses and health care workers.

Tipped workers.

Oil and gas field employees.

Call center employees.

Personal lenders, home loan brokers, and AMLs.

Retail staff members.

Exotic dancers.

FedEx motorists.

Disaster relief employees.

Pizza shipment drivers.

What Is Employee Misclassification?

There are a number of differences in between employees and self-employed workers, also known as independent professionals or experts. Unlike staff members, who are informed when and where to work, ensured a regular wage quantity, and entitled to employee benefits, to name a few criteria, independent contractors typically deal with a short-term, contract basis with a business, and are invoiced for their work. Independent professionals are not entitled to worker benefits, and must submit and withhold their own taxes, also.

However, in the last few years, some employers have abused classification by misclassifying bonafide workers as professionals in an attempt to save money and circumvent laws. This is most commonly seen among “gig economy” workers, such as rideshare motorists and shipment drivers.

Some examples of misclassifications include:

Misclassifying a worker as an independent contractor to not need to adhere to Equal Employment Opportunity Commission laws, which prevent work discrimination.

Misclassifying an employee to avoid enrolling them in a health benefits prepare.

Misclassifying employees to avoid paying minimum wage.

How Is Defamation of Character Defined?

Defamation is normally defined as the act of damaging the credibility of an individual through slanderous (spoken) or libelous (written) comments. When disparagement occurs in the office, it has the potential to hurt group morale, produce alienation, or perhaps trigger long-term damage to a worker’s career potential customers.

Employers are accountable for stopping damaging gossiping among workers if it is a regular and known event in the workplace. Defamation of character in the office may consist of instances such as:

A company making hazardous and unfounded claims, such as claims of theft or incompetence, towards a worker during an efficiency evaluation

A worker spreading out a hazardous report about another staff member that triggers them to be denied for a task somewhere else

A staff member dispersing chatter about a worker that causes other coworkers to avoid them

What Is Considered Employer Retaliation?

It is unlawful for a business to punish an employee for submitting a problem or suit against their company. This is thought about employer retaliation. Although workers are lawfully safeguarded against retaliation, it doesn’t stop some employers from penalizing a staff member who submitted a problem in a variety of ways, such as:

Reducing the worker’s income

Demoting the worker

Re-assigning the worker to a less-desirable task

Re-assigning the employee to a shift that develops a work-family conflict

Excluding the employee from essential work environment activities such as training sessions

What If a Company 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 workers who need to take an extended amount of time off from work.

Under the Family Medical Leave Act (FMLA), employers need to offer overdue leave time to staff members with a qualifying family or specific medical circumstance, such as leave for the birth or adoption of a baby or leave to care for a spouse, child, or parent with a major health condition. If qualified, staff members are entitled to up to 12 weeks of overdue leave time under the FMLA without fear of endangering their job status.

The Uniformed Services Employment and Reemployment Rights Act (USERRA), on the other hand, guarantees certain securities to current and previous uniformed service members who may require to be absent from civilian employment for a certain time period in order to serve in the armed forces.

Leave of absence can be unjustly denied in a variety of methods, including:

Firing a staff member 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 absence to care for 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 settlement is the mix of base money settlement, deferred payment, efficiency bonus offers, stock choices, executive benefits, severance plans, and more, awarded to high-level management employees. Executive settlement plans have come under increased analysis by regulatory companies and shareholders alike. If you face a conflict throughout the negotiation of your executive pay package, our lawyers may be able to assist you.

Why Should I Contact a Morgan & Morgan Employment Attorney?

The employment and labor attorneys at Morgan & Morgan have actually effectively pursued countless labor and work claims for the people who require it most.

In addition to our effective track record of representing victims of labor and employment claims, our labor attorneys also represent staff members before administrative agencies 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 somebody you understand may have been treated poorly by a company or another employee, do not think twice to contact our office. To discuss your legal rights and options, complete our totally free, employment no-obligation case evaluation kind now.

What Does a Work Attorney Do?

Documentation.
First, your designated legal team will collect records associated with your claim, including your agreement, time sheets, and interactions by means of email or other work-related platforms.
These files will help your attorney understand the level of your claim and develop your case for compensation.

Investigation.
Your lawyer and legal team will examine your work environment claim in great detail to gather the necessary proof.
They will take a look at the documents you offer and might also look at work records, contracts, and other workplace information.

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

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