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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 the a lot of employment litigation cases in the country, consisting of those involving wrongful termination, discrimination, harassment, wage theft, worker misclassification, character assassination, retaliation, denial of leave, and executive pay disagreements.

The workplace needs to be a safe place. Unfortunately, some workers go through unreasonable and illegal conditions by dishonest companies. Workers might not understand what their rights in the workplace are, or employment might be scared of speaking up versus their company in worry of retaliation. These labor violations can lead to lost incomes and advantages, missed chances for development, and excessive stress.

Unfair and discriminatory labor practices versus employees can take numerous kinds, consisting of wrongful termination, discrimination, harassment, rejection to give a reasonable accommodation, rejection of leave, company retaliation, and wage and hour infractions. Workers who are victim to these and other dishonest practices might not understand their rights, or might hesitate to speak up versus their company for fear of retaliation.

At Morgan & Morgan, our work attorneys deal with a range of civil lawsuits cases involving unfair labor practices versus employees. Our lawyers have the knowledge, devotion, and experience required to represent workers in a large range of labor disagreements. In fact, Morgan & Morgan has actually been acknowledged for filing more labor and work cases than any other firm.

If you think you might have been the victim of unfair or prohibited treatment in the work environment, contact us by finishing our complimentary case evaluation form.

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FAQ

Get responses to typically asked concerns about our legal services and find out how we may assist you with your case.

What Does Labor employment Law and Employment Law Cover?

Our practice represents individuals who have been the victim of:

Wrongful Termination.

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

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

Unfair Labor Practices (e.g., denial of salaries, employment overtime, tip 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 workers are release for factors that are unreasonable or illegal. This is called wrongful termination, wrongful discharge, or wrongful dismissal.

There are numerous scenarios that may be premises for a wrongful termination lawsuit, consisting of:

Firing a staff member out of retaliation.

Discrimination.

Firing a whistleblower.

Firing a worker who will not do something prohibited for their company.

If you believe you might have been fired without appropriate cause, our labor and employment attorneys may be able to assist you recuperate back pay, overdue incomes, and other types of payment.

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

It is prohibited to victimize a or staff member on the basis of race, color, faith, sex, national origin, special needs, or age. However, some companies do just that, causing a hostile and inequitable workplace where some workers are treated more favorably than others.

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

Refusing to employ somebody on the basis of their skin color.

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

Not providing equivalent training opportunities for employees of different spiritual backgrounds.

Imposing task eligibility requirements that deliberately evaluates out individuals with impairments.

Firing someone based upon a protected classification.

What Are Some Examples of Workplace Harassment?

When workers go through 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, office harassment creates a hostile and violent workplace.

Examples of office harassment consist of:

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

Telling a vulgar or sexual joke to a coworker.

Using slurs or racial epithets.

Making prejudicial declarations about a worker’s sexual preference.

Making negative comments about a worker’s spiritual beliefs.

Making prejudicial statements about a worker’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 kind of quid professional quo harassment. This suggests that the harassment leads to an intangible modification in a staff member’s work status. For example, an employee might be forced 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) developed particular employees’ 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 employees.

However, some companies attempt to cut expenses by denying workers their rightful pay through deceitful methods. 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 holiday or sick time, rather than overtime spend for employment hours worked over 40 in a work week.

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

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

Misclassifying a worker that should be paid overtime as “exempt” by promoting them to a “managerial” position without actually altering the employee’s task tasks.

A few of the most susceptible occupations to overtime and minimum wage offenses consist of:

IT workers.

Service service technicians.

Installers.

Sales agents.

Nurses and healthcare workers.

Tipped staff members.

Oil and gas field workers.

Call center employees.

Personal lenders, home mortgage brokers, and AMLs.

Retail workers.

Exotic dancers.

FedEx motorists.

Disaster relief employees.

Pizza shipment motorists.

What Is Employee Misclassification?

There are a variety of distinctions between staff members and self-employed employees, also referred to as independent specialists or specialists. Unlike employees, who are informed when and where to work, guaranteed a regular wage quantity, and entitled to staff member benefits, to name a few requirements, independent professionals usually work on a short-term, agreement basis with a company, and are invoiced for their work. Independent specialists are not entitled to staff member benefits, and need to submit and keep their own taxes, too.

However, recently, some companies have abused category by misclassifying bonafide workers as contractors in an effort to conserve cash and prevent laws. This is most frequently seen amongst “gig economy” workers, such as rideshare chauffeurs and shipment motorists.

Some examples of misclassifications consist of:

Misclassifying an employee as an independent contractor to not need to abide by Equal Job opportunity Commission laws, which avoid employment discrimination.

Misclassifying an employee to prevent registering them in a health benefits prepare.

Misclassifying workers to avoid paying minimum wage.

How Is Defamation of Character Defined?

Defamation is generally specified as the act of harming the track record of a person through slanderous (spoken) or false (written) remarks. When disparagement takes place in the office, it has the prospective to harm team morale, produce alienation, employment and even trigger long-term damage to a worker’s career prospects.

Employers are accountable for putting a stop to damaging gossiping amongst staff members if it is a regular and recognized event in the workplace. Defamation of character in the workplace might include instances such as:

A company making harmful and unfounded claims, such as claims of theft or incompetence, towards an employee during an efficiency evaluation

An employee spreading a hazardous report about another staff member that causes them to be refused for a task somewhere else

A worker dispersing gossip about a worker that causes other coworkers to prevent them

What Is Considered Employer Retaliation?

It is illegal for a company to punish an employee for filing a complaint or lawsuit against their employer. This is thought about company retaliation. Although employees are lawfully protected against retaliation, it does not stop some employers from punishing a worker who submitted a complaint in a variety of ways, such as:

Reducing the employee’s salary

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 essential work environment activities such as training sessions

What If a Business 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 secure staff members who must take an extended amount of time off from work.

Under the Family Medical Leave Act (FMLA), employers need to provide unsettled leave time to employees with a certifying family or individual medical circumstance, such as leave for the birth or adoption of a baby or delegate care for a spouse, child, or parent with a major health condition. If qualified, workers are entitled to up to 12 weeks of overdue leave time under the FMLA without fear of jeopardizing their job status.

The Uniformed Services Employment and Reemployment Rights Act (USERRA), on the other hand, guarantees certain defenses to current and former uniformed service members who might need to be absent from civilian employment for a certain amount of time in order to serve in the militaries.

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 infant without simply cause

Demoting a worker who took a leave of absence 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 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 mix of base money payment, delayed settlement, efficiency perks, stock alternatives, executive benefits, severance plans, and more, granted to high-level management employees. Executive payment plans have actually come under increased analysis by regulative firms and investors alike. If you face a conflict throughout the settlement of your executive pay bundle, our attorneys may be able to assist you.

Why Should I Contact a Morgan & Morgan Employment Attorney?

The work and labor lawyers at Morgan & Morgan have effectively pursued thousands of labor and work claims for the people 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 firms 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 may have been treated poorly by an employer or another staff member, do not be reluctant to call our office. To discuss your legal rights and choices, fill out our free, no-obligation case evaluation type now.

What Does a Work Attorney Do?

Documentation.
First, your appointed legal team will collect records connected to your claim, including your contract, time sheets, and communications by means of e-mail or other job-related platforms.
These documents will help your attorney understand the degree of your claim and construct your case for settlement.

Investigation.
Your attorney and legal group will examine your work environment 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, contracts, and other workplace information.

Negotiation.
Your attorney will work out with the defense, beyond the courtroom, to help get you the compensation you may be entitled to.
If settlement negotiations are unsuccessful, your attorney is prepared to go to trial and present your case in the greatest possible form.

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