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Labor and Employment Attorneys

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– The Fee Is Free Unless You Win ®

. -America’s Largest Injury Law office ™.

– Protecting Families Since 1988.

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– 1,000+ Lawyers Nationwide.

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Were You Treated Unfairly While on the Job?

Morgan & Morgan’s work lawyers submit one of the most employment lawsuits cases in the country, consisting of those involving wrongful termination, discrimination, harassment, wage theft, employee misclassification, defamation, retaliation, denial of leave, and executive pay disputes.

The workplace should be a safe place. Unfortunately, some workers are subjected to unreasonable and unlawful conditions by deceitful companies. Workers may not understand what their rights in the workplace are, or may be afraid of speaking out versus their employer in fear of retaliation. These labor infractions can cause lost wages and advantages, missed opportunities for advancement, and excessive stress.

Unfair and inequitable labor practices against workers can take many types, consisting of wrongful termination, discrimination, harassment, rejection to offer a sensible accommodation, rejection of leave, employer retaliation, and wage and hour violations. Workers who are victim to these and other dishonest practices might not know their rights, or might be afraid to speak up versus their company for worry of retaliation.

At Morgan & Morgan, our work lawyers deal with a range of civil lawsuits cases involving unfair labor practices against staff members. Our lawyers possess the understanding, dedication, and experience required to represent employees in a wide variety of labor disagreements. In reality, Morgan & Morgan has been recognized for filing more labor and employment cases than any other firm.

If you think you might have been the victim of unjust or illegal treatment in the work environment, contact us by finishing our free case examination type.

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FAQ

Get the answer to frequently asked questions about our legal services and find out how we might help you with your case.

What Does Labor Law and Employment Law Cover?

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

Wrongful Termination.

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

Harassment (e.g., Sexual Harassment, Hostile Work Environment).

Unfair Labor Practices (e.g., rejection of salaries, overtime, suggestion 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 staff members are release for factors that are unjust or prohibited. This is called wrongful termination, wrongful discharge, or wrongful dismissal.

There are lots of scenarios that may be grounds for a wrongful termination lawsuit, including:

Firing a staff member out of retaliation.

Discrimination.

Firing a whistleblower.

Firing an employee who will not do something illegal for their employer.

If you believe you may have been fired without proper cause, our labor and work attorneys might have the ability to assist you recover back pay, job overdue wages, and other types of compensation.

What Are the Most Common Forms of Workplace Discrimination?

It is unlawful to discriminate against a job candidate or worker on the basis of race, color, faith, sex, national origin, special needs, or age. However, some companies do just that, leading to a hostile and inequitable workplace where some employees are treated more positively than others.

Workplace discrimination can take numerous kinds. Some examples include:

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

Passing over a qualified female worker for a promotion in favor of a male worker with less experience.

Not providing equivalent training opportunities for staff members of different spiritual backgrounds.

Imposing task eligibility requirements that intentionally evaluates out people with disabilities.

Firing somebody based on a secured classification.

What Are Some Examples of Workplace Harassment?

When employees are subjected to slurs, assaults, risks, ridicule, offensive jokes, job undesirable sexual advances, or verbal or of a sexual nature, it can be thought about workplace harassment. Similar to workplace discrimination, office harassment creates a hostile and violent work environment.

Examples of workplace harassment consist of:

Making undesirable remarks about a worker’s look or body.

Telling a repulsive 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 faiths.

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

Making unfavorable comments or jokes about the age of a staff member over the age of 40.

Workplace harassment can also take the type of quid pro quo harassment. This means that the harassment leads to an intangible modification in a staff member’s work status. For instance, a staff member may be required to tolerate unwanted sexual advances 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) established specific employees’ rights, consisting of 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 workers.

However, some companies try to cut expenses by denying employees their rightful pay through deceiving 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 utilized toward getaway or ill 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, job such as managers or cooks.

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

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

Some of the most vulnerable occupations to overtime and base pay violations consist of:

IT workers.

Service specialists.

Installers.

Sales agents.

Nurses and healthcare workers.

Tipped employees.

Oil and gas field employees.

Call center employees.

Personal bankers, home mortgage brokers, and AMLs.

Retail workers.

Exotic dancers.

FedEx drivers.

Disaster relief employees.

Pizza shipment drivers.

What Is Employee Misclassification?

There are a number of differences between employees and self-employed workers, likewise known as independent contractors or experts. Unlike staff members, who are told when and where to work, guaranteed a regular wage quantity, and entitled to worker benefits, to name a few criteria, independent professionals normally deal with a short-term, contract basis with a service, and are invoiced for their work. Independent specialists are not entitled to employee advantages, and should file and withhold their own taxes, as well.

However, recently, some employers have actually abused classification by misclassifying bonafide staff members as specialists in an attempt to conserve money and prevent laws. This is most frequently seen among “gig economy” employees, such as rideshare motorists and shipment chauffeurs.

Some examples of misclassifications include:

Misclassifying a worker as an independent specialist to not need to adhere to Equal Employment Opportunity Commission laws, which prevent work discrimination.

Misclassifying a worker to avoid enrolling them in a health benefits plan.

Misclassifying workers to prevent paying minimum wage.

How Is Defamation of Character Defined?

Defamation is typically defined as the act of harming the track record of an individual through slanderous (spoken) or defamatory (written) comments. When disparagement takes place in the work environment, it has the prospective to damage group spirits, develop alienation, and even cause long-term damage to a worker’s profession prospects.

Employers are accountable for putting a stop to damaging gossiping among staff members if it is a regular and recognized incident in the office. Defamation of character in the work environment may include instances such as:

An employer making hazardous and unfounded claims, such as claims of theft or incompetence, towards a worker during an efficiency evaluation

An employee spreading a damaging rumor about another worker that triggers them to be refused for a job somewhere else

A staff member dispersing chatter about an employee that triggers other coworkers to prevent them

What Is Considered Employer Retaliation?

It is unlawful for a business to punish a staff member for filing a complaint or lawsuit versus their employer. This is thought about employer retaliation. Although workers are legally secured against retaliation, it does not stop some companies from punishing an employee who submitted a problem in a range of ways, such as:

Reducing the employee’s salary

Demoting the worker

Re-assigning the worker to a less-desirable task

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

Excluding the employee from vital 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 workers who must take an extended duration of time off from work.

Under the Family Medical Leave Act (FMLA), employers need to use unsettled leave time to staff members with a qualifying family or private medical situation, such as leave for the birth or adoption of an infant or leave to take care of a partner, child, or parent with a major health condition. If qualified, staff members are entitled to up to 12 weeks of overdue leave time under the FMLA without worry of endangering their job status.

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

Leave of absence can be unfairly denied in a number of methods, including:

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

Demoting a staff member who took a leave of absence to look after a passing away parent without simply cause

Firing a re-employed service member who took a leave of absence to serve in the armed forces without just cause

Retaliating against a current or previous service member who took a leave of absence to serve in the armed forces

What Is Executive Compensation?

Executive settlement is the combination of base money compensation, delayed settlement, performance rewards, stock options, executive advantages, severance bundles, and more, job granted to high-level management workers. Executive payment bundles have actually come under increased examination by regulatory agencies and shareholders alike. If you deal with a disagreement throughout the negotiation of your executive pay package, our attorneys might be able to assist you.

Why Should I Contact a Morgan & Morgan Employment Attorney?

The employment and job labor attorneys at Morgan & Morgan have actually effectively pursued countless labor and work claims for individuals who need it most.

In addition to our effective track record of representing victims of labor and job work claims, our labor lawyers likewise represent workers before administrative companies 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 understand may have been treated poorly by an employer or another worker, do not hesitate to call our office. To discuss your legal rights and alternatives, complete our totally free, no-obligation case review kind now.

What Does an Employment Attorney Do?

Documentation.
First, your appointed legal team will gather records associated with your claim, including your contract, time sheets, and communications by means of e-mail or other job-related platforms.
These files will help your lawyer understand the degree of your claim and construct your case for payment.

Investigation.
Your lawyer and legal team will investigate your workplace claim in excellent detail to gather the necessary evidence.
They will take a look at the files you offer and might also look at work records, contracts, and other office information.

Negotiation.
Your lawyer will work out with the defense, outside of the courtroom, to help 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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