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Labor and Employment Attorneys

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Were You Treated Unfairly While on the Job?

Morgan & Morgan’s employment lawyers file the most employment litigation cases in the country, consisting of those involving wrongful termination, discrimination, harassment, wage theft, employee misclassification, defamation, retaliation, rejection of leave, and executive pay conflicts.

The office should be a safe place. Unfortunately, some workers undergo unfair and prohibited conditions by unscrupulous employers. Workers might not know what their rights in the work environment are, or may be afraid of speaking up against their company in fear of retaliation. These labor infractions can lead to lost incomes and benefits, missed out on chances for advancement, and unnecessary stress.

Unfair and inequitable labor practices versus employees can take lots of forms, including wrongful termination, discrimination, harassment, rejection to give a reasonable lodging, rejection of leave, company retaliation, and wage and hour infractions. Workers who are victim to these and other unethical practices might not know their rights, or might hesitate to speak out versus their employer for fear of retaliation.

At Morgan & Morgan, our employment attorneys deal with a variety of civil litigation cases involving unjust labor practices against staff members. Our lawyers have the understanding, devotion, and experience needed to represent workers in a wide range of labor conflicts. In fact, Morgan & Morgan has actually been recognized for filing more labor and work cases than any other firm.

If you think you might have been the victim of unreasonable or illegal treatment in the office, contact us by completing our complimentary case evaluation kind.

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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, faith, age, and special needs).

Harassment (e.g., Sexual Harassment, Hostile Workplace).

Unfair Labor Practices (e.g., denial of incomes, overtime, pointer 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 staff members are let go for factors that are unjust or illegal. This is called wrongful termination, wrongful discharge, or wrongful dismissal.

There are lots of circumstances that might be premises for a wrongful termination lawsuit, including:

Firing an employee out of retaliation.

Discrimination.

Firing a whistleblower.

Firing a worker who won’t do something illegal for their company.

If you believe you might have been fired without correct cause, our labor and work lawyers might be able to help you recover back pay, unpaid incomes, and other forms of settlement.

What Are the Most Common Forms of Workplace Discrimination?

It is prohibited to discriminate versus a task applicant or employee on the basis of race, color, faith, sex, nationwide origin, impairment, 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 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 promo in favor of a male worker with less experience.

Not providing equivalent training opportunities for workers of different spiritual backgrounds.

Imposing job eligibility criteria that deliberately evaluates out people with impairments.

Firing someone based on a secured classification.

What Are Some Examples of Workplace Harassment?

When employees go through slurs, assaults, threats, 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, work environment harassment develops a hostile and violent work environment.

Examples of office harassment include:

Making unwanted comments about an employee’s appearance or body.

Telling a repulsive or sexual joke to a colleague.

Using slurs or racial epithets.

Making prejudicial declarations about an employee’s sexual orientation.

Making negative remarks about a worker’s spiritual beliefs.

Making prejudicial statements about a staff member’s birth place or household heritage.

Making negative comments or jokes about the age of a worker over the age of 40.

Workplace harassment can likewise take the type of quid pro quo harassment. This indicates that the harassment leads to an intangible modification in an employee’s employment status. For instance, an employee may be forced to tolerate sexual harassment from a manager 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) developed specific employees’ 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 staff members.

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

Paying an employee less than the federal minimum wage.

Giving an employee “comp time” or hours that can be utilized towards holiday or ill time, rather than overtime pay for hours worked over 40 in a work week.

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

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

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

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

IT workers.

Service technicians.

Installers.

.

Nurses and healthcare workers.

Tipped employees.

Oil and gas field workers.

Call center employees.

Personal bankers, mortgage brokers, and AMLs.

Retail employees.

Exotic dancers.

FedEx motorists.

Disaster relief workers.

Pizza shipment chauffeurs.

What Is Employee Misclassification?

There are a variety of differences in between workers and self-employed employees, also referred to as independent specialists or specialists. Unlike employees, who are informed when and where to work, ensured a regular wage quantity, and entitled to staff member advantages, to name a few requirements, independent professionals generally work on a short-term, agreement basis with a business, and are invoiced for their work. Independent specialists are not entitled to worker benefits, and must submit and keep their own taxes, as well.

However, in current years, some employers have abused category by misclassifying bonafide staff members as contractors in an effort to conserve money and circumvent laws. This is most frequently seen amongst “gig economy” workers, such as rideshare motorists and shipment chauffeurs.

Some examples of misclassifications include:

Misclassifying an employee as an independent professional to not need to abide by Equal Employment Opportunity Commission laws, referall.us which avoid work discrimination.

Misclassifying a worker to prevent registering them in a health benefits prepare.

Misclassifying staff members to prevent paying base pay.

How Is Defamation of Character Defined?

Defamation is typically specified as the act of harming the credibility of a person through slanderous (spoken) or disparaging (written) comments. When character assassination occurs in the workplace, it has the potential to harm group morale, produce alienation, or perhaps cause long-lasting 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 event in the office. Defamation of character in the workplace might include instances such as:

A company making damaging and unproven accusations, such as claims of theft or incompetence, toward an employee during an efficiency review

A staff member spreading out a damaging rumor about another employee that causes them to be denied for a job in other places

An employee spreading gossip about an employee that causes other coworkers to avoid them

What Is Considered Employer Retaliation?

It is prohibited for a company to punish a staff member for submitting a complaint or claim against their company. This is thought about company retaliation. Although workers are lawfully protected versus retaliation, it does not stop some companies from penalizing a staff member who submitted a complaint in a range of ways, such as:

Reducing the employee’s income

Demoting the worker

Re-assigning the worker to a less-desirable task

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

Excluding the employee from important workplace activities such as training sessions

What If a Company Denies a Leave of Absence?

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

Under the Family Medical Leave Act (FMLA), companies should use unsettled leave time to staff members with a qualifying household or individual medical circumstance, such as leave for the birth or adoption of a child or delegate take care of a spouse, child, or moms and dad with a serious health condition. If certified, workers are entitled to as much as 12 weeks of unpaid leave time under the FMLA without worry of threatening their task status.

The Uniformed Services Employment and Reemployment Rights Act (USERRA), on the other hand, assurances specific protections to existing and previous uniformed service members who may need to be absent 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 variety of methods, consisting of:

Firing a staff member who took a leave of lack for the birth or adoption of their child without simply cause

Demoting an employee who took a leave of lack to look after a passing away moms and dad without just cause

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

Retaliating versus a current or former service member who took a leave of absence to serve in the militaries

What Is Executive Compensation?

Executive payment is the combination of base cash compensation, deferred settlement, performance perks, stock alternatives, executive perks, severance packages, and more, awarded to high-level management workers. Executive compensation packages have actually come under increased examination by regulatory firms and investors alike. If you deal with a disagreement throughout the negotiation of your executive pay package, our lawyers may have the ability to assist you.

Why Should I Contact a Morgan & Morgan Employment Attorney?

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

In addition to our effective track record of representing victims of labor and work claims, our labor attorneys likewise represent workers 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 someone you understand may have been dealt with improperly by a company or another worker, do not be reluctant to call our workplace. To discuss your legal rights and options, fill out our complimentary, no-obligation case review type now.

What Does a Work Attorney Do?

Documentation.
First, your appointed legal group will collect records connected to your claim, including your contract, time sheets, and interactions through e-mail or other job-related platforms.
These files will help your attorney comprehend the extent of your claim and construct your case for settlement.

Investigation.
Your attorney and legal group will examine your office claim in fantastic detail to collect the needed proof.
They will look at the files you provide and might likewise look at work records, contracts, and other office data.

Negotiation.
Your lawyer will work out with the defense, beyond the courtroom, to assist get you the compensation you may be entitled to.
If settlement negotiations are unsuccessful, your lawyer is prepared to go to trial and present your case in the strongest possible form.

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