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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 work attorneys submit the most employment lawsuits cases in the country, consisting of those involving wrongful termination, discrimination, harassment, wage theft, staff member misclassification, defamation, retaliation, rejection of leave, and executive pay conflicts.

The work environment should be a safe location. Unfortunately, some workers are subjected to unreasonable and illegal conditions by unscrupulous employers. Workers may not know what their rights in the work environment are, or may hesitate of speaking out versus their employer in worry of retaliation. These labor violations can cause lost earnings and advantages, missed chances for development, and unnecessary stress.

Unfair and inequitable labor practices against employees can take many forms, including wrongful termination, discrimination, harassment, rejection to offer a sensible lodging, denial of leave, employer retaliation, and wage and hour infractions. Workers who are victim to these and other dishonest practices might not understand their rights, or may hesitate to speak out versus their company for fear of retaliation.

At Morgan & Morgan, our work attorneys manage a variety of civil lawsuits cases including unreasonable labor practices against employees. Our attorneys possess the understanding, commitment, and experience required to represent employees in a vast array of labor conflicts. In fact, Morgan & Morgan has been recognized for filing more labor and work cases than any other company.

If you think you may have been the victim of unreasonable or employment unlawful treatment in the workplace, contact us by completing our free case assessment kind.

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We take. action

Our devoted group gets to work investigating your claim.

Step 3

We combat. for you

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

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Results may vary depending upon your specific truths and legal situations.

FAQ

Get the answer to frequently asked concerns about our legal services and discover how we might help 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, nationwide origin, religious beliefs, age, and impairment).
Harassment (e.g., Unwanted sexual advances, Hostile Workplace).
Unfair Labor Practices (e.g., denial of incomes, 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 claims.
Executive Pay Disputes.
What Constitutes Wrongful Termination?

Sometimes workers are release for reasons that are unreasonable or prohibited. This is described wrongful termination, wrongful discharge, or wrongful termination.

There are many circumstances that might be grounds for a wrongful termination lawsuit, including:

Firing a worker out of retaliation.
Discrimination.
Firing a whistleblower.
Firing a staff member who will not do something illegal for their employer.
If you think you may have been fired without appropriate cause, our labor and employment attorneys may have the ability to help you recuperate back pay, overdue earnings, and other types of settlement.

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

It is prohibited to victimize a task applicant or staff member on the basis of race, color, religious beliefs, sex, nationwide origin, special needs, or age. However, some companies do simply that, resulting in a hostile and inequitable office where some employees are treated more positively than others.

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

Refusing to work with somebody on the basis of their skin color.
Passing over a qualified female staff member for a promo in favor of a male worker with less experience.
Not supplying equivalent training opportunities for workers of different spiritual backgrounds.
Imposing job eligibility requirements that intentionally screens out individuals with specials needs.
Firing someone based upon a protected category.
What Are Some Examples of Workplace Harassment?

When employees are subjected to slurs, attacks, hazards, ridicule, offending jokes, unwanted sexual advances, or spoken or physical conduct of a sexual nature, it can be considered workplace harassment. Similar to workplace discrimination, work environment harassment produces a hostile and abusive work environment.

Examples of office harassment consist of:

Making unwanted remarks about an employee's appearance or body.
Telling a vulgar or employment sexual joke to a colleague.
Using slurs or racial epithets.
Making prejudicial declarations about a worker's sexual preference.
Making negative remarks about a worker's faiths.
Making prejudicial declarations about a worker's birth place or family heritage.
Making unfavorable comments or jokes about the age of an employee over the age of 40.
Workplace harassment can likewise take the form of quid professional quo harassment. This suggests that the harassment leads to an intangible change in an employee's work status. For instance, a worker may be forced to endure unwanted sexual advances from a supervisor as a condition of their continued employment.

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

The Fair Labor Standards Act (FLSA) established certain workers' rights, 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 staff members.

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

Paying a worker less than the federal base pay.
Giving a worker "comp time" or employment hours that can be used towards vacation or ill time, rather than overtime spend for hours worked over 40 in a work week.
Forcing tipped workers to pool their ideas with non-tipped workers, such as supervisors or cooks.
Forcing employees to spend for tools of the trade or other costs that their employer must pay.
Misclassifying an employee that needs to be paid overtime as "exempt" by promoting them to a "supervisory" position without in fact altering the employee's job responsibilities.
A few of the most susceptible professions to overtime and base pay offenses consist of:

IT workers.
Service technicians.
Installers.
Sales agents.
Nurses and health care employees.
Tipped staff members.
Oil and gas field employees.
Call center workers.
Personal lenders, home mortgage brokers, and AMLs.
Retail employees.
Exotic dancers.
FedEx drivers.
Disaster relief employees.
Pizza delivery drivers.
What Is Employee Misclassification?

There are a number of distinctions in between workers and self-employed employees, likewise referred to as independent specialists or specialists. Unlike staff members, who are informed when and where to work, guaranteed a routine wage quantity, and entitled to worker benefits, among other criteria, independent professionals generally work on a short-term, agreement basis with an organization, and are invoiced for their work. Independent contractors are not entitled to employee advantages, and need to file and withhold their own taxes, also.

However, over the last few years, some companies have abused category by misclassifying bonafide workers as specialists in an effort to save money and prevent laws. This is most typically seen among "gig economy" workers, such as rideshare drivers and shipment motorists.

Some examples of misclassifications consist of:

Misclassifying a worker as an independent professional to not have to comply with Equal Job opportunity Commission laws, which prevent employment discrimination.
Misclassifying an employee to prevent enrolling them in a health benefits prepare.
Misclassifying employees to avoid paying minimum wage.
How Is Defamation of Character Defined?

Defamation is usually defined as the act of harming the credibility of an individual through slanderous (spoken) or libelous (written) remarks. When libel takes place in the workplace, it has the potential to damage group morale, produce alienation, or even trigger long-term damage to an employee's career prospects.

Employers are accountable for putting a stop to hazardous gossiping among employees if it is a routine and recognized incident in the office. Defamation of character in the office might consist of circumstances such as:

A company making hazardous and unproven allegations, such as claims of theft or incompetence, toward a worker during an efficiency review
An employee spreading a harmful rumor about another staff member that triggers them to be rejected for a job somewhere else
A worker dispersing gossip about an employee that causes other coworkers to prevent them
What Is Considered Employer Retaliation?

It is prohibited for a business to punish a staff member for filing a problem or claim against their company. This is considered employer retaliation. Although workers are legally safeguarded against retaliation, it does not stop some employers from punishing a staff member who submitted a complaint in a variety of methods, such as:

Reducing the worker's wage
Demoting the worker
Re-assigning the employee to a less-desirable job
Re-assigning the employee to a shift that produces a work-family conflict
Excluding the employee from essential office activities such as training sessions
What If a Company Denies a Leave of Absence?

While leave of absence laws differ from state to state, there are a number of federally mandated laws that secure employees who need to take an extended period of time off from work.

Under the Family Medical Leave Act (FMLA), companies must provide unsettled leave time to workers with a qualifying household or specific medical situation, such as leave for the birth or adoption of a baby or delegate look after a partner, kid, or parent with a serious health condition. If certified, staff members are entitled to approximately 12 weeks of unpaid leave time under the FMLA without fear of threatening their job status.

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

Leave of absence can be unjustly rejected in a variety of methods, employment including:

Firing a staff member who took a leave of lack for the birth or adoption of their child without simply cause
Demoting a worker who took a leave of absence to look after a dying moms and dad without simply cause
Firing a re-employed service member who took a leave of lack to serve in the militaries without simply 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 mix of base cash compensation, delayed settlement, performance bonus offers, stock choices, executive advantages, severance plans, and more, granted to top-level management staff members. Executive compensation bundles have actually come under increased examination by regulative companies and shareholders alike. If you deal with a dispute throughout the negotiation of your executive pay plan, our lawyers might have the ability to help you.

Why Should I Contact a Morgan & Morgan Employment Attorney?

The work and at Morgan & Morgan have successfully pursued countless labor and work claims for the individuals who need it most.

In addition to our successful performance history of representing victims of labor and work claims, our labor attorneys also 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 someone you know may have been dealt with improperly by a company or another staff member, do not hesitate to call our office. To discuss your legal rights and options, submit our totally free, no-obligation case evaluation form now.

What Does an Employment Attorney Do?

Documentation. First, your assigned legal team will collect records connected to your claim, including your agreement, time sheets, and interactions by means of e-mail or other work-related platforms. These files will assist your lawyer comprehend the extent of your claim and build your case for compensation.

Investigation. Your attorney and legal group will investigate your office claim in fantastic detail to collect the essential evidence. They will look at the documents you supply and may likewise take a look at employment records, agreements, and other office data.

Negotiation. Your attorney will negotiate with the defense, beyond the courtroom, to help get you the compensation you may be entitled to. If settlement negotiations are not successful, your attorney is prepared to go to trial and present your case in the greatest possible type.

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