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Labor and Employment Attorneys

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Were You Treated Unfairly While on the Job?

Morgan & Morgan’s employment attorneys submit one of the most work litigation cases in the country, consisting of those including wrongful termination, discrimination, harassment, wage theft, staff member misclassification, defamation, retaliation, rejection of leave, and executive pay conflicts.

The office ought to be a safe location. Unfortunately, some employees go through unreasonable and unlawful conditions by deceitful employers. Workers may not know what their rights in the workplace are, or may hesitate of speaking out versus their employer in fear of retaliation. These labor violations can cause lost wages and benefits, missed chances for improvement, and undue tension.

Unfair and prejudiced labor practices versus employees can take numerous kinds, including wrongful termination, discrimination, harassment, refusal to provide a sensible lodging, denial of leave, employer retaliation, and wage and hour infractions. Workers who are victim to these and other unethical practices may not know their rights, or may be scared to speak up against their employer for worry of retaliation.

At Morgan & Morgan, our employment attorneys handle a variety of civil lawsuits cases including unfair labor practices versus workers. Our attorneys have the knowledge, devotion, and employment experience required to represent employees in a large range of labor disagreements. In reality, Morgan & Morgan has been acknowledged for submitting more labor and employment cases than any other company.

If you believe you might have been the victim of unreasonable or employment prohibited treatment in the office, call us by finishing our totally free case evaluation kind.

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If we handle the case, our team fights to get you the outcomes you deserve.

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FAQ

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

What Does Labor Law and Employment Law Cover?

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

Wrongful Termination.

Discrimination (e.g., sex, race, color, harassment, nationwide origin, religion, age, and special needs).

Harassment (e.g., Sexual Harassment, Hostile Workplace).

Unfair Labor Practices (e.g., rejection 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 workers are release for reasons that are unjust or unlawful. This is described wrongful termination, wrongful discharge, or wrongful dismissal.

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

Firing a worker out of retaliation.

Discrimination.

Firing a whistleblower.

Firing a worker who will not do something illegal for their employer.

If you think you may have been fired without proper cause, our labor and work attorneys may have the ability to help you recuperate back pay, unpaid wages, and other forms of settlement.

What Are the Most Common Forms of Workplace Discrimination?

It is unlawful to discriminate versus a job candidate or worker on the basis of race, color, religion, sex, national origin, impairment, or age. However, some employers do just that, leading to a hostile and inequitable office where some workers are treated more favorably than others.

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

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

Passing over a certified female staff member for a promo in favor of a male employee with less experience.

Not providing equal training opportunities for employees of different religious backgrounds.

Imposing job eligibility requirements that intentionally screens out individuals with disabilities.

Firing someone based on a safeguarded category.

What Are Some Examples of Workplace Harassment?

When workers are subjected to slurs, attacks, threats, ridicule, offensive jokes, undesirable sexual advances, or spoken or physical conduct of a sexual nature, it can be thought about workplace harassment. Similar to workplace discrimination, workplace harassment develops a hostile and violent workplace.

Examples of workplace harassment include:

Making undesirable comments about an employee’s appearance or body.

Telling a repulsive or sexual joke to a coworker.

Using slurs or racial epithets.

Making prejudicial declarations about an employee’s sexual orientation.

Making unfavorable remarks about an employee’s religions.

Making prejudicial declarations about an employee’s birth place or household heritage.

Making negative remarks or jokes about the age of a staff member over the age of 40.

Workplace harassment can likewise take the type of quid pro quo harassment. This means that the harassment leads to an intangible change in an employee’s employment status. For instance, an employee may be forced to tolerate 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 particular employees’ rights, employment consisting of the right to a base pay (set federally at $7.25 as of 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 denying employees their rightful pay through deceiving techniques. This is called wage theft, and includes 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, rather than overtime pay for hours worked over 40 in a work week.

Forcing tipped workers to pool their pointers with non-tipped workers, such as or cooks.

Forcing workers to spend for tools of the trade or other expenditures that their employer ought to pay.

Misclassifying an employee that needs to be paid overtime as “exempt” by promoting them to a “supervisory” position without actually changing the employee’s job responsibilities.

A few of the most vulnerable professions to overtime and base pay offenses include:

IT workers.

Service professionals.

Installers.

Sales representatives.

Nurses and healthcare employees.

Tipped workers.

Oil and gas field workers.

Call center employees.

Personal lenders, mortgage brokers, and AMLs.

Retail workers.

Strippers.

FedEx motorists.

Disaster relief employees.

Pizza shipment chauffeurs.

What Is Employee Misclassification?

There are a variety of differences between workers and self-employed workers, also referred to as independent specialists or experts. Unlike workers, who are informed when and where to work, guaranteed a regular wage quantity, and entitled to worker advantages, amongst other criteria, independent contractors generally deal with a short-term, agreement basis with a company, and are invoiced for their work. Independent contractors are not entitled to staff member benefits, and should file and withhold their own taxes, as well.

However, over the last few years, some employers have actually abused category by misclassifying bonafide employees as professionals in an attempt to conserve money and prevent laws. This is most commonly seen among “gig economy” workers, such as rideshare motorists and delivery motorists.

Some examples of misclassifications include:

Misclassifying an employee as an independent specialist to not have to comply with Equal Job opportunity Commission laws, which prevent employment discrimination.

Misclassifying an employee to prevent registering them in a health advantages plan.

Misclassifying staff members to prevent paying out minimum wage.

How Is Defamation of Character Defined?

Defamation is generally defined as the act of harming the track record of a person through slanderous (spoken) or libelous (written) remarks. When libel takes place in the work environment, it has the prospective to damage team morale, develop alienation, and even cause long-lasting damage to an employee’s profession potential customers.

Employers are accountable for stopping harmful gossiping amongst employees if it is a routine and recognized occurrence in the work environment. Defamation of character in the work environment may include instances such as:

An employer making damaging and unfounded allegations, such as claims of theft or incompetence, toward a staff member during a performance evaluation

A staff member spreading out a damaging rumor about another worker that triggers them to be refused for a job in other places

A staff member spreading gossip about an employee that triggers other colleagues to avoid them

What Is Considered Employer Retaliation?

It is prohibited for a company to punish a staff member for filing a problem or suit against their company. This is considered company retaliation. Although workers are lawfully protected versus retaliation, it does not stop some companies from punishing a staff member who submitted a problem in a range of ways, such as:

Reducing the employee’s income

Demoting the employee

Re-assigning the worker to a less-desirable task

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

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

What If a Business Denies a Leave of Absence?

While leave of absence laws differ from one state to another, there are a variety of federally mandated laws that safeguard employees who should take an extended period of time off from work.

Under the Family Medical Leave Act (FMLA), employers need to offer unsettled leave time to staff members with a certifying household or specific medical scenario, such as leave for the birth or adoption of a baby or employment leave to care for a spouse, kid, or parent with a major health condition. If qualified, employees are entitled to up to 12 weeks of unpaid leave time under the FMLA without worry of threatening their job status.

The Uniformed Services Employment and Reemployment Rights Act (USERRA), on the other hand, guarantees certain protections to current and former uniformed service members who might need to be absent from civilian work for a specific duration of time in order to serve in the armed forces.

Leave of absence can be unjustly denied in a number of ways, including:

Firing an employee who took a leave of lack for the birth or adoption of their child without simply 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 armed forces without just cause

Retaliating versus a current or former service member who took a leave of lack to serve in the militaries

What Is Executive Compensation?

Executive compensation is the combination of base money payment, postponed settlement, performance perks, stock alternatives, executive advantages, severance packages, and more, granted to high-level management workers. Executive settlement bundles have come under increased analysis by regulative companies and investors alike. If you face a disagreement during the negotiation of your executive pay plan, our attorneys might have the ability to help you.

Why Should I Contact a Morgan & Morgan Employment Attorney?

The employment and labor legal representatives at Morgan & Morgan have actually successfully pursued thousands of 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 lawyers also represent workers before administrative firms 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 someone you know might have been dealt with poorly by a company or another worker, do not be reluctant to call our office. To discuss your legal rights and choices, submit our complimentary, no-obligation case evaluation form now.

What Does an Employment Attorney Do?

Documentation.
First, your assigned legal group will collect records connected to your claim, including your contract, time sheets, and interactions by means of email or other job-related platforms.
These documents will assist your lawyer comprehend the level of your claim and build your case for settlement.

Investigation.
Your lawyer and legal team will investigate your office claim in terrific detail to gather the needed proof.
They will take a look at the files you supply and may likewise take a look at work records, agreements, and other office data.

Negotiation.
Your attorney will negotiate with the defense, outside of the courtroom, to assist get you the payment you might be entitled to.
If settlement negotiations are unsuccessful, your attorney is prepared to go to trial and present your case in the strongest possible kind.

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