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Labor and Employment Attorneys

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Were You Treated Unfairly While on the Job?

Morgan & Morgan’s work attorneys file the many work lawsuits cases in the country, including those involving wrongful termination, discrimination, harassment, wage theft, worker misclassification, libel, retaliation, denial of leave, and executive pay conflicts.

The work environment should be a safe location. Unfortunately, some workers go through unreasonable and prohibited conditions by deceitful companies. Workers might not understand what their rights in the workplace are, or may hesitate of speaking up versus their employer in fear of retaliation. These labor violations can lead to lost salaries and benefits, missed opportunities for development, and excessive tension.

Unfair and inequitable labor practices versus employees can take lots of types, consisting of wrongful termination, discrimination, harassment, rejection to provide an affordable lodging, rejection of leave, employer retaliation, and wage and hour offenses. Workers who are victim to these and other dishonest practices may not know their rights, or may hesitate to speak up versus their company for worry of retaliation.

At Morgan & Morgan, our employment attorneys handle a range of civil litigation cases including unfair labor practices against employees. Our attorneys possess the knowledge, commitment, and experience required to represent workers in a large variety of labor disputes. In fact, Morgan & Morgan has actually been recognized for filing more labor and employment cases than any other company.

If you think you may have been the victim of unjust or unlawful treatment in the work environment, call us by completing our complimentary case evaluation form.

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FAQ

Get answers to typically asked questions 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 people 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 incomes, 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 declares.

Executive Pay Disputes.

What Constitutes Wrongful Termination?

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

There are numerous situations that might be premises for a wrongful termination claim, consisting of:

Firing a staff member out of retaliation.

Discrimination.

Firing a whistleblower.

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

If you believe you might have been fired without correct cause, somalibidders.com our labor and work attorneys might be able to assist you recuperate back pay, overdue incomes, and other forms of compensation.

What Are the Most Common Forms of Workplace Discrimination?

It is unlawful to discriminate against a task candidate or worker on the basis of race, color, faith, sex, nationwide origin, special needs, or age. However, some employers do just that, leading to a hostile and inequitable office where some workers are dealt with more favorably than others.

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

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

Passing over a qualified female employee for a promo in favor of a male employee with less experience.

Not providing equal training opportunities for employees of various religious backgrounds.

Imposing task eligibility requirements that deliberately evaluates out individuals with specials needs.

Firing somebody based on a safeguarded classification.

What Are Some Examples of Workplace Harassment?

When employees are subjected to slurs, assaults, dangers, ridicule, offensive jokes, unwelcome sexual advances, or spoken or physical conduct of a sexual nature, it can be thought about workplace harassment. Similar to workplace discrimination, office harassment develops a hostile and violent workplace.

Examples of office harassment include:

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

Telling a repulsive or sexual joke to a colleague.

Using slurs or racial epithets.

Making prejudicial statements about an employee’s sexual orientation.

Making unfavorable remarks about an employee’s faiths.

Making prejudicial declarations about a worker’s birth place or household heritage.

Making negative 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 implies that the harassment leads to an intangible modification in an employee’s employment status. For example, an employee may be forced to endure sexual harassment from a supervisor as a condition of their continued employment.

Which Industries Have one of the most Overtime and Minimum Wage Violations?

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

However, some companies try to cut costs by denying employees their rightful pay through deceiving techniques. This is called wage theft, and consists of examples such as:

Paying an employee less than the federal minimum wage.

Giving a worker “comp time” or hours that can be used toward holiday or ill time, instead of overtime spend for hours worked over 40 in a work week.

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

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

Misclassifying an employee that should be paid overtime as “exempt” by promoting them to a “supervisory” position without actually altering the employee’s job responsibilities.

A few of the most vulnerable professions to overtime and base pay violations consist of:

IT workers.

Service technicians.

Installers.

Sales representatives.

Nurses and healthcare employees.

Tipped staff members.

Oil and gas field employees.

Call center workers.

Personal lenders, home loan brokers, and AMLs.

Retail workers.

Strippers.

FedEx drivers.

Disaster relief employees.

Pizza delivery motorists.

What Is Employee Misclassification?

There are a variety of differences in between employees and self-employed workers, also referred to as independent specialists or specialists. Unlike workers, who are told when and where to work, ensured a regular wage quantity, and entitled to worker advantages, amongst other criteria, independent contractors normally deal with a short-term, contract basis with an organization, and are invoiced for their work. Independent specialists are not entitled to employee benefits, and should file and withhold their own taxes, too.

However, in recent years, some companies have abused classification by misclassifying bonafide workers as professionals in an effort to save money and prevent laws. This is most commonly seen amongst “gig economy” employees, such as rideshare chauffeurs and delivery drivers.

Some examples of misclassifications consist of:

Misclassifying an employee as an independent specialist to not have to abide by Equal Employment Opportunity Commission laws, which prevent employment discrimination.

Misclassifying an employee to prevent registering them in a health advantages plan.

Misclassifying employees to prevent paying minimum wage.

How Is Defamation of Character Defined?

Defamation is typically specified as the act of harming the credibility of an individual through slanderous (spoken) or defamatory (written) comments. When libel occurs in the workplace, it has the possible to damage group morale, create alienation, or perhaps cause long-lasting damage to an employee’s career potential customers.

Employers are responsible for stopping hazardous gossiping among workers if it is a regular and known event in the office. Defamation of character in the workplace might consist of circumstances such as:

A company making harmful and unproven allegations, such as claims of theft or incompetence, adremcareers.com towards a staff member throughout a performance review

A worker spreading a harmful report about another worker that causes them to be refused for a task in other places

A worker spreading chatter about a worker that triggers other colleagues to prevent them

What Is Considered Employer Retaliation?

It is illegal for a business to penalize an employee for filing a grievance or claim versus their employer. This is thought about employer retaliation. Although employees are lawfully protected versus retaliation, it doesn’t stop some companies from punishing a worker who filed a complaint in a variety of methods, such as:

Reducing the employee’s salary

Demoting the worker

Re-assigning the employee to a less-desirable task

Re-assigning the worker to a shift that creates a work-family dispute

Excluding the employee from essential office activities such as training sessions

What If a Business Denies a Leave of Absence?

While leave of absence laws differ from state to state, there are a number of federally mandated laws that protect employees who should take a prolonged time period off from work.

Under the Family Medical Leave Act (FMLA), companies should use unsettled leave time to employees with a certifying family or private medical situation, such as leave for the birth or adoption of a child or delegate care for a spouse, kid, or moms and dad with a serious health condition. If certified, staff members are entitled to up to 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, warranties certain securities to present 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 armed forces.

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

Firing a staff member who took a leave of absence for the birth or adoption of their infant without just cause

Demoting a worker 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 militaries without simply cause

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

What Is Executive Compensation?

Executive payment is the mix of base money compensation, deferred compensation, performance benefits, stock options, executive advantages, severance bundles, and more, awarded to top-level management employees. Executive payment bundles have actually come under increased scrutiny by regulatory agencies and investors alike. If you face a disagreement during the settlement of your executive pay plan, our lawyers might be able to assist you.

Why Should I Contact a Morgan & Morgan Employment Attorney?

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

In addition to our successful track record of representing victims of labor and employment claims, our labor lawyers likewise represent staff members before administrative companies such as the Equal Employment 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 might have been dealt with poorly by an employer or another staff member, do not be reluctant to call our workplace. To discuss your legal rights and options, fill out our totally free, no-obligation case review form now.

What Does a Work Attorney Do?

Documentation.
First, your appointed legal group will collect records related to your claim, including your agreement, time sheets, and interactions via e-mail or other job-related platforms.
These documents will help your lawyer understand the degree of your claim and develop your case for settlement.

Investigation.
Your lawyer and legal group will investigate your work environment claim in fantastic detail to gather the essential proof.
They will take a look at the files you offer and may likewise take a look at employment records, contracts, and other office information.

Negotiation.
Your attorney will work out with the defense, beyond the courtroom, to assist get you the compensation you may be entitled to.
If settlement negotiations are not successful, your lawyer is prepared to go to trial and present your case in the strongest possible kind.

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