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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 lawyers submit one of the most work lawsuits cases in the nation, including those including wrongful termination, discrimination, harassment, wage theft, staff member misclassification, libel, retaliation, denial of leave, and executive pay .

The work environment should be a safe place. Unfortunately, some workers are subjected to unreasonable and prohibited conditions by dishonest companies. Workers might not know what their rights in the workplace are, or may be scared of speaking up against their company in fear of retaliation. These labor infractions can lead to lost earnings and advantages, missed chances for development, and undue tension.

Unfair and prejudiced labor practices versus staff members can take many kinds, including wrongful termination, discrimination, harassment, refusal to provide a sensible accommodation, rejection of leave, employer retaliation, and wage and hour violations. Workers who are victim to these and other unethical practices might not understand their rights, or might be afraid to speak out versus their employer for worry of retaliation.

At Morgan & Morgan, our employment attorneys deal with a variety of civil litigation cases including unreasonable labor practices against employees. Our lawyers have the knowledge, dedication, and experience needed to represent employees in a large variety of labor disputes. In fact, Morgan & Morgan has been acknowledged for submitting 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 complimentary case examination form.

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If we take on the case, our team fights to get you the results you are worthy of.

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Explore over 55,000 5-star reviews and 800 customer testimonials to find why individuals trust Morgan & Morgan.

Results might differ depending upon your particular realities and legal scenarios.

FAQ

Get the answer to frequently asked concerns about our legal services and find out how we may assist 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, faith, age, and special needs).
Harassment (e.g., Unwanted sexual advances, Hostile Workplace).
Unfair Labor Practices (e.g., denial of earnings, 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 employees are let go for reasons that are unfair or unlawful. This is called wrongful termination, wrongful discharge, or wrongful dismissal.

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

Firing a worker out of retaliation.
Discrimination.
Firing a whistleblower.
Firing a staff member who will not do something unlawful for their company.
If you believe you might have been fired without proper cause, our labor and work attorneys might be able to help you recover back pay, overdue salaries, and other forms of compensation.

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

It is unlawful to discriminate versus a job candidate or employee on the basis of race, color, religious beliefs, sex, national origin, special needs, or age. However, some employers do just that, resulting in a hostile and inequitable office where some workers are treated more positively than others.

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

Refusing to employ someone 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 providing equivalent training opportunities for staff members of different spiritual backgrounds.
Imposing task eligibility criteria that deliberately screens out people with disabilities.
Firing someone based upon a safeguarded classification.
What Are Some Examples of Workplace Harassment?

When workers are subjected to slurs, attacks, risks, ridicule, offensive 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 creates a hostile and violent work environment.

Examples of work environment harassment consist of:

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

Which Industries Have the Most Overtime and Base Pay Violations?

The Fair Labor Standards Act (FLSA) established certain workers' rights, including the right to a minimum wage (set federally at $7.25 as of 2020) and akropolistravel.com overtime spend 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 deceiving methods. This is called wage theft, and consists of examples such as:

Paying an employee less than the federal minimum wage.
Giving an employee "comp time" or hours that can be utilized toward vacation or sick time, rather than overtime pay for hours worked over 40 in a work week.
Forcing tipped workers to pool their suggestions with non-tipped employees, such as managers or cooks.
Forcing employees to spend for tools of the trade or other expenditures that their employer ought to pay.
Misclassifying an employee that needs to be paid overtime as "exempt" by promoting them to a "managerial" position without really changing the employee's job duties.
Some of the most vulnerable occupations to overtime and base pay violations consist of:

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

There are a variety of distinctions between employees and self-employed employees, likewise referred to as independent professionals or specialists. Unlike staff members, who are told when and where to work, guaranteed a regular wage amount, and entitled to staff member benefits, amongst other requirements, independent professionals usually work on a short-term, contract basis with an organization, and are invoiced for their work. Independent specialists are not entitled to employee benefits, and need to file and keep their own taxes, also.

However, recently, some companies have actually abused category by misclassifying bonafide staff members as contractors in an attempt to save money and circumvent laws. This is most commonly seen amongst "gig economy" employees, such as rideshare drivers and shipment chauffeurs.

Some examples of misclassifications consist of:

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

Defamation is typically specified as the act of harming the credibility of a person through slanderous (spoken) or libelous (written) remarks. When disparagement happens in the work environment, it has the prospective to harm group spirits, produce alienation, or perhaps trigger long-lasting damage to a worker's career prospects.

Employers are accountable for putting a stop to hazardous gossiping among workers if it is a routine and known event in the workplace. Defamation of character in the office might include circumstances such as:

A company making damaging and unproven allegations, such as claims of theft or incompetence, toward an employee during an efficiency evaluation
An employee spreading out a hazardous report about another worker that triggers them to be refused for a job somewhere else
A staff member spreading gossip about an employee that causes other colleagues to prevent them
What Is Considered Employer Retaliation?

It is prohibited for a business to penalize a worker for submitting a complaint or lawsuit against their employer. This is considered company retaliation. Although workers are lawfully protected against retaliation, it doesn't stop some employers from punishing a staff member who filed a complaint in a variety of methods, such as:

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

While leave of lack laws differ from one state to another, there are a variety of federally mandated laws that secure employees who need to take a prolonged time period off from work.

Under the Family Medical Leave Act (FMLA), companies should provide unsettled leave time to workers with a qualifying household or private medical situation, such as leave for the birth or adoption of an infant or leave to care for a spouse, child, or parent with a serious health condition. If certified, employees are entitled to approximately 12 weeks of unsettled leave time under the FMLA without worry 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 may need to be missing from civilian employment for a specific amount of time in order to serve in the armed forces.

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

Firing a staff member who took a leave of lack for the birth or adoption of their baby without simply cause
Demoting an employee who took a leave of absence to look after a passing away moms and dad without simply cause
Firing a re-employed service member who took a leave of absence 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 armed forces
What Is Executive Compensation?

Executive compensation is the combination of base money compensation, delayed settlement, performance benefits, stock choices, executive perks, severance packages, and more, awarded to top-level management employees. Executive settlement plans have come under increased examination by regulative companies and investors alike. If you face a disagreement during the negotiation of your executive pay bundle, our lawyers may have the ability to help you.

Why Should I Contact a Morgan & Morgan Employment Attorney?

The work and labor lawyers at Morgan & Morgan have actually successfully pursued thousands of labor and employment claims for the individuals who need it most.

In addition to our effective performance history of representing victims of labor and work claims, our labor attorneys also represent workers before administrative firms 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 know might have been dealt with poorly by an employer or another employee, do not hesitate to contact our workplace. To discuss your legal rights and alternatives, submit our totally free, no-obligation case review type now.

What Does a Work Attorney Do?

Documentation. First, your designated legal group will gather records associated with your claim, including your agreement, time sheets, and communications by means of e-mail or other job-related platforms. These files will help your lawyer understand the level of your claim and build your case for settlement.

Investigation. Your lawyer and legal group will investigate your workplace claim in great information to gather the needed evidence. They will take a look at the documents you provide and might also look at work records, agreements, and other office information.

Negotiation. Your attorney will negotiate with the defense, outside of the courtroom, to help get you the compensation you might 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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