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Mistreated on the Job?

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 employment lawsuits cases in the nation, including those involving wrongful termination, discrimination, harassment, employment wage theft, employee misclassification, character assassination, retaliation, denial of leave, and executive pay disputes.

The workplace needs to be a safe location. Unfortunately, some workers go through unreasonable and unlawful conditions by dishonest employers. Workers may not know what their rights in the workplace are, or may hesitate of speaking up versus their employer in worry of retaliation. These labor offenses can cause lost incomes and advantages, missed chances for improvement, and undue tension.

Unfair and inequitable labor practices against workers can take many types, including wrongful termination, discrimination, harassment, refusal to give 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 know their rights, or might be afraid to speak out against their employer for worry of retaliation.

At Morgan & Morgan, our work lawyers deal with a variety of civil litigation cases involving unjust labor practices versus employees. Our attorneys possess the knowledge, commitment, and experience required to represent workers in a large range of labor disputes. In reality, Morgan & Morgan has been acknowledged for submitting more labor and work cases than any other firm.

If you think you may have been the victim of unfair or prohibited treatment in the workplace, call us by finishing our totally free case examination kind.

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Our dedicated group gets to work examining your claim.


Step 3

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If we take on the case, our group fights to get you the results you deserve.


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FAQ

Get the answer to commonly asked concerns about our legal services and discover how we might 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, national origin, religious beliefs, age, and disability).
Harassment (e.g., Sexual Harassment, Hostile Work Environment).
Unfair Labor Practices (e.g., rejection of salaries, overtime, tip 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 staff members are let go for reasons that are unreasonable or illegal. This is described wrongful termination, wrongful discharge, or wrongful termination.

There are numerous scenarios that might be grounds for a wrongful termination lawsuit, consisting of:

Firing an employee out of retaliation.
Discrimination.
Firing a whistleblower.
Firing a staff member who will not do something prohibited for their employer.
If you think you might have been fired without appropriate cause, our labor and work attorneys may have the ability to assist you recover back pay, overdue wages, and other forms of payment.

What Are the Most Common Forms of Workplace Discrimination?

It is prohibited to victimize a job applicant or worker on the basis of race, color, faith, sex, nationwide origin, disability, or age. However, some employers do just that, resulting in a hostile and inequitable office where some workers are treated more favorably than others.

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

Refusing to employ somebody on the basis of their skin color.
Passing over a qualified female employee for a promotion in favor of a male worker with less experience.
Not offering equal training opportunities for staff members of various religious backgrounds.
Imposing task eligibility requirements that deliberately screens out people with impairments.
Firing someone based on a protected classification.
What Are Some Examples of Workplace Harassment?

When workers undergo slurs, assaults, 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 work environment harassment consist of:

Making unwanted comments about an employee's appearance or body.
Telling a vulgar or sexual joke to a colleague.
Using slurs or racial epithets.
Making prejudicial declarations about a worker's sexual orientation.
Making unfavorable remarks about a staff member's religions.
Making prejudicial statements about a staff member's birth place or family heritage.
Making negative comments or jokes about the age of a staff member over the age of 40.
Workplace harassment can likewise take the kind of quid pro quo harassment. This suggests that the harassment results in an intangible change in a staff member's work status. For instance, a staff member may be forced to endure sexual harassment from a manager as a condition of their continued work.

Which Industries Have one of the most Overtime and Base Pay Violations?

The Fair Labor Standards Act (FLSA) established specific workers' rights, consisting of the right to a minimum wage (set federally at $7.25 since 2020) and overtime pay for all hours worked over 40 in a workweek for non-exempt employees.

However, some employers attempt to cut costs by rejecting workers their rightful pay through sly approaches. This is called wage theft, and includes examples such as:

Paying an employee less than the federal base pay.
Giving an employee "comp time" or hours that can be utilized towards trip or sick time, instead of overtime pay for hours worked over 40 in a work week.
Forcing tipped workers to pool their suggestions with non-tipped workers, such as supervisors or cooks.
Forcing employees to pay for tools of the trade or other expenses that their company need to pay.
Misclassifying a worker that ought to be paid overtime as "exempt" by promoting them to a "supervisory" position without really changing the worker's job responsibilities.
Some of the most susceptible occupations to overtime and minimum wage offenses include:

IT workers.
Service technicians.
Installers.
Sales representatives.
Nurses and health care employees.
Tipped staff members.
Oil and gas field workers.
Call center workers.
Personal bankers, home loan brokers, and AMLs.
Retail workers.
Strippers.
FedEx chauffeurs.
Disaster relief employees.
Pizza shipment drivers.
What Is Employee Misclassification?

There are a variety of differences in between staff members and self-employed employees, likewise called independent specialists or experts. Unlike workers, who are informed when and where to work, ensured a routine wage quantity, and entitled to staff member benefits, to name a few criteria, independent specialists generally work on a short-term, contract basis with a service, and are invoiced for their work. Independent contractors are not entitled to staff member benefits, and need to submit and withhold their own taxes, as well.

However, employment recently, some employers have actually abused classification by misclassifying bonafide employees as professionals in an effort to save cash and prevent laws. This is most frequently seen among "gig economy" workers, such as rideshare drivers and delivery chauffeurs.

Some examples of misclassifications include:

Misclassifying an employee as an independent contractor to not need to adhere to Equal Employment Opportunity Commission laws, which prevent employment discrimination.
Misclassifying an employee to avoid enrolling them in a health advantages plan.
Misclassifying staff members to avoid paying base pay.
How Is Defamation of Character Defined?

Defamation is normally specified as the act of harming the reputation of an individual through slanderous (spoken) or defamatory (written) remarks. When libel happens in the workplace, it has the potential to damage team morale, create alienation, and even trigger long-term damage to a worker's profession prospects.

Employers are accountable for putting a stop to harmful gossiping amongst employees if it is a routine and known incident in the work environment. Defamation of character in the workplace might consist of instances such as:

An employer making hazardous and unfounded accusations, such as claims of theft or incompetence, towards a worker throughout an efficiency evaluation
A staff member spreading out a harmful rumor about another worker that causes them to be turned down for a job somewhere else
A staff member spreading chatter about a worker that triggers other colleagues to prevent them
What Is Considered Employer Retaliation?

It is unlawful for a business to punish a staff member for submitting a problem or claim versus their employer. This is thought about employer retaliation. Although workers are lawfully protected versus retaliation, it does not stop some employers from penalizing an employee who submitted a problem in a range of methods, such as:

Reducing the employee's income
Demoting the worker
Re-assigning the employee to a less-desirable task
Re-assigning the employee to a shift that develops a work-family conflict
Excluding the worker from vital 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 number of federally mandated laws that safeguard employees who need to take an extended period of time off from work.

Under the Family Medical Leave Act (FMLA), companies must use unpaid leave time to staff members with a qualifying household or individual medical scenario, such as leave for the birth or adoption of a child or delegate look after a partner, child, or parent with a major health condition. If qualified, employees are entitled to as much as 12 weeks of unsettled 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, warranties specific securities to existing and former uniformed service members who may require 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 variety of ways, including:

Firing a worker who took a leave of absence for the birth or adoption of their child without simply cause
Demoting an employee who took a leave of absence to care for a dying parent without simply cause
Firing a re-employed service member who took a leave of lack to serve in the armed forces without simply cause
Retaliating against a present or former service member who took a leave of absence to serve in the militaries
What Is Executive Compensation?

Executive compensation is the mix of base cash compensation, delayed compensation, efficiency benefits, stock options, executive benefits, severance packages, and more, granted to top-level management staff members. Executive payment plans have come under increased analysis by regulative companies and investors alike. If you deal with a conflict throughout the negotiation of your executive pay bundle, our lawyers may be able to help you.

Why Should I Contact a Morgan & Morgan Employment Attorney?

The work and labor legal representatives at Morgan & Morgan have effectively pursued thousands of labor and work claims for individuals who need it most.

In addition to our successful performance history of representing victims of labor and employment claims, our labor attorneys likewise represent staff members before administrative agencies such as the Equal Employment Opportunity Commission (EEOC), Department of Labor (DOL), Occupational Safety and employment Health Administration (OSHA), and National Labor Relations Board (NLRB).

If you or someone you understand might have been dealt with improperly by a company or another worker, do not be reluctant to contact our workplace. To discuss your legal rights and choices, submit our complimentary, no-obligation case review kind now.

What Does a Work Attorney Do?

Documentation. First, your assigned legal group will collect records related to your claim, including your contract, time sheets, and communications via e-mail or other job-related platforms. These files will assist your attorney understand the level of your claim and build your case for payment.

Investigation. Your attorney and legal group will investigate your workplace claim in terrific detail to collect the necessary proof. They will look at the documents you provide and may likewise look at employment records, contracts, and other workplace information.

Negotiation. Your attorney will negotiate with the defense, outside of the courtroom, to assist get you the payment 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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