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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 submit one of the most work lawsuits cases in the nation, job consisting of those involving wrongful termination, discrimination, harassment, wage theft, employee misclassification, libel, retaliation, denial of leave, and executive pay conflicts.

The office must be a safe location. Unfortunately, some workers are subjected to unfair and prohibited conditions by deceitful employers. Workers might not understand what their rights in the work environment are, or might hesitate of speaking up versus their company in worry of retaliation. These labor infractions can result in lost salaries and advantages, missed opportunities for development, and undue stress.

Unfair and inequitable labor practices versus employees can take many kinds, including wrongful termination, discrimination, harassment, refusal to offer a sensible lodging, denial of leave, company retaliation, and wage and hour infractions. Workers who are victim to these and other unethical practices may not know their rights, or might be scared to speak out versus their company for worry of retaliation.

At Morgan & Morgan, our work attorneys manage a variety of civil litigation cases involving unreasonable labor practices against staff members. Our lawyers possess the understanding, devotion, and experience needed to represent employees in a vast array of labor conflicts. In reality, Morgan & Morgan has been recognized for filing more labor and employment cases than any other firm.

If you believe you may have been the victim of unfair or prohibited treatment in the office, call us by finishing our free case assessment type.

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What Does Labor Law and Employment Law Cover?

Our practice represents individuals 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., Sexual Harassment, Hostile Work Environment).

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 employees are let go for factors that are unreasonable or prohibited. This is termed wrongful termination, wrongful discharge, or wrongful dismissal.

There are numerous scenarios that may be premises for a wrongful termination suit, consisting of:

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 think you may have been fired without correct cause, our labor and employment attorneys might be able to help you recuperate back pay, unsettled salaries, and other forms of payment.

What Are the Most Common Forms of Workplace Discrimination?

It is prohibited to victimize a job candidate or employee on the basis of race, color, religion, sex, national origin, special needs, or age. However, some companies do simply that, resulting in a hostile and inequitable work environment where some employees are dealt with more favorably than others.

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

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

Passing over a certified female staff member for a promotion in favor of a male staff member with less experience.

Not offering equivalent training chances for workers of different spiritual backgrounds.

Imposing task eligibility requirements that deliberately screens out people with impairments.

Firing someone based on a safeguarded classification.

What Are Some Examples of Workplace Harassment?

When workers undergo slurs, assaults, threats, ridicule, offensive jokes, unwelcome sexual advances, or verbal or physical conduct of a sexual nature, it can be thought about workplace harassment. Similar to workplace discrimination, workplace harassment develops a hostile and violent workplace.

Examples of office harassment consist of:

Making unwelcome 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 a worker’s sexual orientation.

Making unfavorable remarks about an employee’s religions.

Making prejudicial declarations about an employee’s birth place or family heritage.

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

Workplace harassment can also take the type of quid pro quo harassment. This suggests that the harassment leads to an intangible change in a staff member’s employment status. For instance, a worker may be forced to endure unwanted sexual advances from a supervisor as a condition of their continued work.

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

The Fair Labor Standards Act (FLSA) developed particular employees’ rights, including the right to a minimum wage (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 companies try to cut costs by denying workers 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 towards trip or sick time, instead of overtime spend for hours worked over 40 in a work week.

Forcing tipped workers to pool their tips with non-tipped workers, such as supervisors or cooks.

Forcing workers to pay for tools of the trade or other expenditures that their employer should pay.

Misclassifying a worker that ought to be paid overtime as “exempt” by promoting them to a “supervisory” position without in fact altering the worker’s job tasks.

A few of the most vulnerable professions to overtime and base pay offenses include:

IT workers.

Service technicians.

Installers.

Sales representatives.

Nurses and healthcare workers.

Tipped employees.

Oil and gas field employees.

Call center workers.

Personal bankers, home loan brokers, and AMLs.

Retail staff members.

Exotic dancers.

FedEx motorists.

Disaster relief workers.

Pizza shipment chauffeurs.

What Is Employee Misclassification?

There are a number of differences in between employees and self-employed workers, likewise known as independent specialists or experts. Unlike employees, who are informed when and where to work, ensured a regular wage amount, and entitled to employee advantages, job among other requirements, independent contractors typically work on a short-term, contract basis with a business, and are invoiced for their work. Independent contractors are not entitled to worker advantages, and must submit and withhold their own taxes, also.

However, recently, some employers have abused category by misclassifying bonafide staff members as professionals in an attempt to save money and prevent laws. This is most typically seen among “gig economy” employees, such as rideshare drivers and shipment drivers.

Some examples of misclassifications consist of:

Misclassifying a worker as an independent specialist to not need to abide by Equal Employment Opportunity Commission laws, which avoid employment discrimination.

Misclassifying an employee to avoid registering them in a health benefits prepare.

Misclassifying employees to avoid paying out base pay.

How Is Defamation of Character Defined?

Defamation is generally defined as the act of damaging the credibility of an individual through slanderous (spoken) or false (written) comments. When defamation occurs in the work environment, it has the potential to damage group spirits, produce alienation, and even cause long-lasting damage to an employee’s career potential customers.

Employers are accountable for stopping damaging gossiping among employees if it is a regular and known incident in the workplace. Defamation of character in the work environment may include circumstances such as:

A company making hazardous and unproven accusations, such as claims of theft or incompetence, towards an employee during an efficiency evaluation

A staff member spreading out a harmful rumor about another worker that triggers them to be denied for a job elsewhere

A staff member dispersing chatter about an employee that causes other colleagues to avoid them

What Is Considered Employer Retaliation?

It is unlawful for a company to punish a worker for submitting a complaint or suit against their employer. This is thought about company retaliation. Although employees are lawfully safeguarded versus retaliation, it does not stop some companies from penalizing an employee who submitted a grievance in a variety of ways, such as:

Reducing the employee’s wage

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 necessary work environment activities such as training sessions

What If a Business Denies a Leave of Absence?

While leave of lack laws vary from one state to another, there are a variety of federally mandated laws that safeguard staff members who should take an extended duration of time off from work.

Under the Family Medical Leave Act (FMLA), employers must provide unsettled leave time to staff members with a certifying family or private medical circumstance, such as leave for the birth or adoption of an infant or delegate look after a spouse, kid, or parent with a severe health condition. If certified, workers are entitled to up to 12 weeks of overdue leave time under the FMLA without fear of endangering their task status.

The Uniformed Services Employment and Reemployment Rights Act (USERRA), on the other hand, warranties certain defenses to present and previous uniformed service members who may need to be missing from civilian work for a specific time period in order to serve in the militaries.

Leave of lack can be unfairly rejected in a number of ways, consisting of:

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

Demoting a staff member who took a leave of absence to look after a dying parent without just cause

Firing a re-employed service member who took a leave of absence to serve in the militaries without simply cause

Retaliating against a present or former service member who took a leave of lack to serve in the armed forces

What Is Executive Compensation?

Executive compensation is the mix of base cash settlement, postponed compensation, performance rewards, stock choices, executive benefits, severance bundles, and more, awarded to top-level management workers. Executive compensation packages have come under increased analysis by regulative agencies and shareholders alike. If you deal with a dispute during the negotiation of your executive pay bundle, our lawyers may be able 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 work claims for individuals who need it most.

In addition to our record of representing victims of labor and employment claims, our labor attorneys also represent employees 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 know may have been dealt with poorly by a company or another worker, do not think twice to contact our office. To discuss your legal rights and alternatives, fill out our totally free, no-obligation case review type now.

What Does a Work Attorney Do?

Documentation.
First, your assigned legal group will collect records connected to your claim, including your contract, time sheets, and communications via e-mail or other job-related platforms.
These files will help your lawyer comprehend the level of your claim and build your case for settlement.

Investigation.
Your attorney and legal team will examine your work environment claim in terrific detail to collect the required evidence.
They will take a look at the documents you offer and may likewise take a look at work records, agreements, and other office data.

Negotiation.
Your attorney will work out with the defense, beyond the courtroom, to assist get you the settlement 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 strongest possible type.

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