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Labor and Employment Attorneys
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Were You Treated Unfairly While on the Job?
Morgan & Morgan’s employment lawyers submit one of the most work lawsuits cases in the country, employment consisting of those involving wrongful termination, discrimination, harassment, wage theft, worker misclassification, libel, retaliation, rejection of leave, and executive pay disagreements.
The workplace ought to be a safe place. Unfortunately, some employees undergo unjust and prohibited conditions by unscrupulous employers. Workers may not know what their rights in the office are, or might hesitate of speaking out versus their company in worry of retaliation. These labor violations can lead to lost wages and advantages, missed out on opportunities for improvement, and excessive tension.
Unfair and prejudiced labor practices versus workers can take numerous forms, consisting of wrongful termination, discrimination, harassment, rejection to provide a reasonable lodging, rejection of leave, employer retaliation, and wage and hour violations. Workers who are victim to these and other unethical practices may not know their rights, or might be afraid to speak up against their employer for worry of retaliation.
At Morgan & Morgan, our work attorneys handle a variety of civil lawsuits cases involving unjust labor practices versus workers. Our lawyers possess the understanding, commitment, and experience needed to represent workers in a vast array of labor conflicts. In fact, Morgan & Morgan has actually been acknowledged for submitting more labor and employment cases than any other firm.
If you think you might have been the victim of unjust or illegal treatment in the work environment, contact us by completing our complimentary case evaluation kind.
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FAQ
Get answers to typically asked questions 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 people who have actually been the victim of:
Wrongful Termination.
Discrimination (e.g., sex, race, color, harassment, national origin, religious beliefs, age, and special needs).
Harassment (e.g., Unwanted sexual advances, Hostile Workplace).
Unfair Labor Practices (e.g., denial of wages, overtime, pointer pooling, and equal 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 employees are let go for that are unjust or unlawful. This is called wrongful termination, wrongful discharge, or wrongful dismissal.
There are many scenarios that may be premises for a wrongful termination suit, consisting of:
Firing a worker out of retaliation.
Discrimination.
Firing a whistleblower.
Firing a staff member who won’t do something illegal for their company.
If you believe you may have been fired without correct cause, our labor and work lawyers might be able to help you recover back pay, overdue earnings, 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 employment staff member on the basis of race, color, religious beliefs, sex, national origin, special needs, or age. However, some employers do simply that, leading to a hostile and inequitable office where some workers are dealt with more positively than others.
Workplace discrimination can take lots of types. Some examples consist of:
Refusing to work with somebody on the basis of their skin color.
Passing over a qualified female employee for a promo in favor of a male worker with less experience.
Not supplying equal training opportunities for staff members of different religious backgrounds.
Imposing job eligibility criteria that deliberately screens out individuals with specials needs.
Firing someone based on a safeguarded classification.
What Are Some Examples of Workplace Harassment?
When employees are subjected to slurs, attacks, threats, ridicule, offending jokes, unwelcome sexual advances, or spoken or physical conduct of a sexual nature, it can be considered workplace harassment. Similar to workplace discrimination, office harassment develops a hostile and abusive workplace.
Examples of workplace harassment include:
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 staff member’s religious beliefs.
Making prejudicial declarations about a staff member’s birth place or family heritage.
Making unfavorable comments or jokes about the age of a worker over the age of 40.
Workplace harassment can also take the kind of quid professional quo harassment. This implies that the harassment leads to an intangible modification in an employee’s work status. For example, a staff member might be required to tolerate sexual harassment from a supervisor as a condition of their continued work.
Which Industries Have one of the most Overtime and Minimum Wage Violations?
The Fair Labor Standards Act (FLSA) established certain employees’ rights, consisting of the right to a minimum wage (set federally at $7.25 as of 2020) and overtime pay for all hours worked over 40 in a workweek for employment non-exempt workers.
However, some companies try to cut expenses by denying employees their rightful pay through sly 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 utilized towards vacation or sick time, rather than overtime spend for hours worked over 40 in a work week.
Forcing tipped workers to pool their suggestions with non-tipped workers, such as managers or cooks.
Forcing workers to spend for 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 in fact altering the employee’s job responsibilities.
A few of the most susceptible occupations to overtime and minimum wage violations include:
IT workers.
Service professionals.
Installers.
Sales representatives.
Nurses and health care employees.
Tipped employees.
Oil and gas field workers.
Call center workers.
Personal lenders, home mortgage brokers, and AMLs.
Retail staff members.
Strippers.
FedEx chauffeurs.
Disaster relief workers.
Pizza delivery motorists.
What Is Employee Misclassification?
There are a number of differences in between employees and self-employed employees, also understood as independent contractors or consultants. Unlike staff members, who are told when and where to work, ensured a regular wage quantity, and employment entitled to worker benefits, amongst other criteria, independent specialists usually deal with a short-term, agreement basis with a business, and are invoiced for their work. Independent professionals are not entitled to worker benefits, and should submit and keep their own taxes, as well.
However, in the last few years, some companies have actually abused classification by misclassifying bonafide employees as contractors in an effort to save cash and prevent laws. This is most typically seen amongst “gig economy” workers, such as rideshare chauffeurs and shipment motorists.
Some examples of misclassifications consist of:
Misclassifying a worker as an independent contractor to not need to comply with Equal Job opportunity Commission laws, which prevent employment discrimination.
Misclassifying an employee to prevent registering them in a health benefits prepare.
Misclassifying staff members to prevent paying base pay.
How Is Defamation of Character Defined?
Defamation is normally specified as the act of damaging the credibility of an individual through slanderous (spoken) or disparaging (written) remarks. When character assassination happens in the workplace, it has the potential to damage group morale, produce alienation, or perhaps cause long-lasting damage to an employee’s career potential customers.
Employers are accountable for putting a stop to harmful gossiping amongst workers if it is a routine and known occurrence in the office. Defamation of character in the workplace may include instances such as:
An employer making damaging and unproven claims, such as claims of theft or incompetence, toward a staff member during a performance review
A staff member spreading out a harmful rumor about another employee that causes them to be turned down for a job elsewhere
A worker dispersing gossip about an employee that triggers other colleagues to prevent them
What Is Considered Employer Retaliation?
It is prohibited for a business to punish an employee for submitting a complaint or claim versus their company. This is considered employer retaliation. Although employees are legally secured against retaliation, it does not stop some companies from penalizing an employee 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 employee to a shift that produces 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 lack laws vary from state to state, there are a variety of federally mandated laws that secure workers who should take an extended time period off from work.
Under the Family Medical Leave Act (FMLA), employers should use overdue leave time to workers with a certifying family or specific medical situation, such as leave for the birth or adoption of a baby or leave to look after a spouse, kid, or parent with a serious health condition. If qualified, staff members are entitled to as much as 12 weeks of unpaid leave time under the FMLA without worry of jeopardizing their job status.
The Uniformed Services Employment and Reemployment Rights Act (USERRA), on the other hand, warranties certain defenses to present and previous uniformed service members who may need to be absent from civilian work for a specific time period in order to serve in the armed forces.
Leave of lack can be unfairly rejected in a variety of ways, consisting of:
Firing a worker who took a leave of absence for the birth or adoption of their infant without simply cause
Demoting a staff member who took a leave of absence to care for a dying parent without just cause
Firing a re-employed service member who took a leave of absence to serve in the armed forces without simply cause
Retaliating against a present 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 settlement, deferred settlement, efficiency bonuses, stock alternatives, executive benefits, severance bundles, and more, granted to top-level management workers. Executive compensation bundles have come under increased analysis by regulatory companies and shareholders alike. If you face a disagreement throughout the settlement of your executive pay plan, our lawyers may be able to help you.
Why Should I Contact a Morgan & Morgan Employment Attorney?
The employment and labor legal representatives at Morgan & Morgan have effectively pursued thousands of labor and employment claims for individuals who need it most.
In addition to our effective track record of representing victims of labor and work claims, our labor attorneys likewise represent staff members before administrative companies 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 treated poorly by a company or another employee, do not be reluctant to contact our workplace. To discuss your legal rights and alternatives, submit our complimentary, no-obligation case review form now.
What Does an Employment Attorney Do?
Documentation.
First, your appointed legal team will gather records connected to your claim, including your contract, time sheets, and interactions via email or other job-related platforms.
These documents will assist your lawyer comprehend the level of your claim and build your case for compensation.
Investigation.
Your attorney and legal group will examine your work environment claim in excellent information to collect the required evidence.
They will take a look at the files you offer and might also look at work records, agreements, and other workplace data.
Negotiation.
Your lawyer will negotiate with the defense, outside of the courtroom, to assist get you the payment 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 greatest possible form.
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