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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 employment lawsuits cases in the country, consisting of those including wrongful termination, discrimination, harassment, wage theft, worker misclassification, disparagement, retaliation, denial of leave, and executive pay conflicts.

The office needs to be a safe location. Unfortunately, some employees go through unjust and unlawful conditions by unscrupulous companies. Workers may not understand what their rights in the workplace are, or might be afraid of speaking out against their employer in worry of retaliation. These labor offenses can cause lost earnings and advantages, missed out on chances for advancement, and employment excessive stress.

Unfair and discriminatory labor practices against employees can take numerous kinds, consisting of wrongful termination, discrimination, harassment, refusal to give a sensible lodging, rejection of leave, employer retaliation, and wage and hour violations. Workers who are victim to these and other dishonest practices may not know their rights, or might hesitate to speak out versus their employer for fear of retaliation.

At Morgan & Morgan, our work lawyers handle a variety of civil litigation cases including unjust labor practices versus employees. Our attorneys possess the understanding, dedication, and experience needed to represent employees in a large range of labor conflicts. In fact, Morgan & Morgan has actually been acknowledged for submitting more labor and employment cases than any other firm.

If you believe you may have been the victim of unfair or illegal treatment in the office, call us by finishing our free case evaluation kind.

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FAQ

Get responses to typically asked questions about our legal services and discover how we may assist you with your case.

What Does Labor Law and Employment Law Cover?

Our practice represents people who have been the victim of:

Wrongful Termination.

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

Harassment (e.g., Unwanted sexual advances, Hostile Workplace).

Unfair Labor Practices (e.g., rejection of earnings, 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 declares.

Executive Pay Disputes.

What Constitutes Wrongful Termination?

Sometimes employees are release for factors that are unfair or unlawful. This is called wrongful termination, wrongful discharge, or wrongful termination.

There are lots of circumstances that may be premises for a wrongful termination lawsuit, consisting of:

Firing a worker out of retaliation.

Discrimination.

Firing a whistleblower.

Firing a staff member who will not do something unlawful for their employer.

If you believe you might have been fired without appropriate cause, our labor and work lawyers may have the ability to assist you recuperate back pay, unsettled earnings, and other types of compensation.

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

It is unlawful to discriminate versus a task candidate or employee on the basis of race, color, religion, sex, employment national origin, disability, or age. However, some employers do just that, leading to a hostile and inequitable work environment 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 someone on the basis of their skin color.

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

Not offering equal training opportunities for workers of various spiritual backgrounds.

Imposing task eligibility criteria that deliberately screens out individuals with impairments.

Firing someone based upon a protected classification.

What Are Some Examples of Workplace Harassment?

When employees undergo slurs, attacks, dangers, ridicule, offending jokes, unwelcome sexual advances, or spoken or physical conduct of a sexual nature, it can be thought about workplace harassment. Similar to workplace discrimination, work environment harassment develops a hostile and violent workplace.

Examples of workplace harassment include:

Making unwanted remarks about an employee’s appearance or employment 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 negative comments about an employee’s faiths.

Making prejudicial declarations about a staff member’s birthplace or family heritage.

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

Workplace harassment can also take the form of quid pro quo harassment. This suggests that the harassment leads to an intangible modification in a worker’s employment status. For instance, an employee may be required to endure unwanted sexual advances 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 employees’ rights, consisting of the right to a base pay (set federally at $7.25 as of 2020) and overtime pay for all hours worked over 40 in a workweek for non-exempt staff members.

However, some companies attempt to cut expenses by rejecting employees their rightful pay through deceitful 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 utilized toward holiday or ill time, instead of overtime spend for hours worked over 40 in a work week.

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

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

Misclassifying a worker that needs to be paid overtime as “exempt” by promoting them to a “supervisory” position without really altering the worker’s task tasks.

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

IT employees.

Service professionals.

Installers.

Sales representatives.

Nurses and health care employees.

Tipped workers.

Oil and gas field workers.

Call center workers.

Personal lenders, home mortgage brokers, and AMLs.

Retail workers.

Strippers.

FedEx chauffeurs.

Disaster relief workers.

Pizza shipment drivers.

What Is Employee Misclassification?

There are a variety of distinctions in between employees and self-employed workers, likewise referred to as independent professionals or specialists. Unlike employees, who are told when and where to work, guaranteed a regular wage amount, and entitled to staff member advantages, among other requirements, independent specialists typically deal with a short-term, contract basis with a business, and are invoiced for their work. Independent professionals are not entitled to worker advantages, and should submit and withhold their own taxes, too.

However, recently, some companies have actually abused category by misclassifying bonafide staff members as professionals in an attempt to conserve cash and prevent laws. This is most typically seen amongst “gig economy” workers, such as rideshare chauffeurs and shipment chauffeurs.

Some examples of misclassifications consist of:

Misclassifying an employee as an independent professional to not need to comply with Equal Employment Opportunity Commission laws, which avoid employment discrimination.

Misclassifying a worker to avoid enrolling them in a health advantages prepare.

Misclassifying workers to avoid paying out minimum wage.

How Is Defamation of Character Defined?

Defamation is typically defined as the act of harming the credibility of an individual through slanderous (spoken) or libelous (written) comments. When libel happens in the workplace, it has the prospective to harm group spirits, produce alienation, and even cause long-term damage to an employee’s career prospects.

Employers are accountable for stopping damaging gossiping among staff members if it is a routine and recognized occurrence in the workplace. Defamation of character in the office may include circumstances such as:

An employer making harmful and unfounded allegations, such as claims of theft or incompetence, towards a worker during an efficiency review

An employee spreading out a damaging rumor about another employee that causes them to be denied for a job somewhere else

A staff member dispersing gossip about an employee that causes other colleagues to avoid them

What Is Considered Employer Retaliation?

It is unlawful for a company to punish a worker for filing a complaint or lawsuit against their employer. This is considered employer retaliation. Although employees are lawfully safeguarded against retaliation, it does not stop some employers from punishing a worker who filed a problem in a range of methods, such as:

Reducing the worker’s salary

Demoting the worker

Re-assigning the employee to a less-desirable job

Re-assigning the employee to a shift that develops 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 differ from state to state, there are a variety of federally mandated laws that safeguard workers who must take an extended amount of time off from work.

Under the Family Medical Leave Act (FMLA), companies must provide unsettled leave time to employees with a certifying family or private medical circumstance, such as leave for the birth or adoption of a child or leave to care for a partner, kid, or parent with a severe health condition. If qualified, staff members are entitled to approximately 12 weeks of unsettled leave time under the FMLA without worry of endangering their task status.

The Uniformed Services Employment and Reemployment Rights Act (USERRA), on the other hand, assurances certain protections to existing and previous uniformed service members who might require to be missing from civilian employment for a specific amount of time in order to serve in the armed forces.

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

Firing a worker who took a leave of absence for the birth or adoption of their infant without simply cause

Demoting a worker who took a leave of absence 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 militaries without just cause

Retaliating against an existing or previous service member who took a leave of lack to serve in the militaries

What Is Executive Compensation?

Executive settlement is the mix of base money payment, postponed settlement, efficiency benefits, stock choices, executive advantages, severance bundles, and more, granted to high-level management workers. Executive compensation plans have come under increased examination by regulative agencies and investors alike. If you face a conflict during the settlement of your executive pay package, our lawyers may have the ability to help you.

Why Should I Contact a Morgan & Morgan Employment Attorney?

The work and labor legal representatives at Morgan & Morgan have effectively pursued countless labor and work claims for employment individuals who require it most.

In addition to our effective performance history of representing victims of labor and work claims, our labor attorneys likewise represent staff members 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 somebody you know may have been treated incorrectly by an employer or another employee, do not be reluctant to contact our office. To discuss your legal rights and options, fill out our complimentary, no-obligation case review kind now.

What Does an Employment Attorney Do?

Documentation.
First, your designated legal group will gather records associated with your claim, including your contract, time sheets, and interactions by means of email or other job-related platforms.
These documents will assist your lawyer understand the level of your claim and construct your case for settlement.

Investigation.
Your attorney and legal team will investigate your office claim in fantastic information to collect the required proof.
They will look at the files you offer and may likewise look at employment records, contracts, and other office information.

Negotiation.
Your lawyer 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 possible type.

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