1 Labor And Employment Attorneys

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Labor and Employment Attorneys

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Were You Treated Unfairly While on the Job?

Morgan & Morgan's work lawyers submit the a lot of work lawsuits cases in the country, consisting of those involving wrongful termination, discrimination, harassment, wage theft, staff member misclassification, disparagement, retaliation, rejection of leave, and executive pay conflicts.

The workplace ought to be a safe place. Unfortunately, some workers are subjected to unjust and unlawful conditions by unscrupulous companies. Workers may not understand what their rights in the office are, or may hesitate of speaking up against their employer in fear of retaliation. These labor offenses can lead to lost incomes and advantages, missed opportunities for advancement, and excessive stress.

Unfair and discriminatory labor practices against workers can take numerous types, consisting of wrongful termination, discrimination, harassment, employment rejection to offer an affordable accommodation, denial of leave, company retaliation, and wage and hour offenses. Workers who are victim to these and other unethical practices may not know their rights, or may be scared to speak out against their employer for worry of retaliation.

At Morgan & Morgan, our employment attorneys deal with a range of civil litigation cases including unreasonable labor practices versus employees. Our attorneys possess the knowledge, commitment, and experience required to represent workers in a wide variety of labor disagreements. In fact, Morgan & Morgan has been recognized for submitting more labor and work cases than any other company.

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

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Step 3

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If we take on the case, our group battles to get you the outcomes you should have.


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FAQ

Get the answer to frequently asked questions 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, nationwide origin, religion, age, and impairment).
Harassment (e.g., Unwanted sexual advances, Hostile Work Environment).
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 claims.
Executive Pay Disputes.
What Constitutes Wrongful Termination?

Sometimes are release for factors that are unfair or prohibited. This is described wrongful termination, wrongful discharge, or wrongful termination.

There are lots of situations that might be grounds for a wrongful termination suit, including:

Firing an employee out of retaliation.
Discrimination.
Firing a whistleblower.
Firing a staff member who will not do something unlawful for their company.
If you believe you may have been fired without correct cause, our labor and work lawyers may have the ability to assist you recuperate back pay, unsettled earnings, and other kinds of settlement.

What Are the Most Common Forms of Workplace Discrimination?

It is prohibited to victimize a job applicant or worker on the basis of race, color, religious beliefs, sex, national origin, special needs, or age. However, some employers do simply that, leading to a hostile and inequitable workplace where some employees are dealt with more positively than others.

Workplace discrimination can take lots of forms. Some examples include:

Refusing to work with somebody on the basis of their skin color.
Passing over a qualified female staff member for a promotion in favor of a male worker with less experience.
Not offering equal training chances for workers of various religious backgrounds.
Imposing job eligibility requirements that intentionally evaluates out individuals with disabilities.
Firing someone based on a secured category.
What Are Some Examples of Workplace Harassment?

When workers go through slurs, attacks, dangers, ridicule, offending jokes, undesirable sexual advances, or verbal 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 workplace.

Examples of office harassment consist of:

Making unwelcome comments about a worker's look or body.
Telling a vulgar or sexual joke to a coworker.
Using slurs or racial epithets.
Making prejudicial statements about an employee's sexual preference.
Making unfavorable comments about a staff member's religions.
Making prejudicial statements about an employee's birthplace or family heritage.
Making unfavorable comments or jokes about the age of an employee over the age of 40.
Workplace harassment can also take the form of quid pro quo harassment. This suggests that the harassment leads to an intangible change in a worker's work status. For instance, a worker might be forced to endure sexual harassment 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) developed certain employees' rights, consisting of the right to a base pay (set federally at $7.25 as of 2020) and overtime pay for all hours worked over 40 in a workweek for non-exempt employees.

However, employment some employers try to cut expenses by rejecting employees their rightful pay through deceitful approaches. This is called wage theft, and consists of examples such as:

Paying an employee less than the federal base pay.
Giving a worker "comp time" or hours that can be utilized toward getaway or ill time, rather than 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 spend for tools of the trade or other expenditures that their company ought 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 responsibilities.
Some of the most vulnerable professions to overtime and base pay offenses consist of:

IT employees.
Service technicians.
Installers.
Sales representatives.
Nurses and health care employees.
Tipped employees.
Oil and gas field workers.
Call center employees.
Personal bankers, home mortgage brokers, and AMLs.
Retail workers.
Exotic dancers.
FedEx drivers.
Disaster relief workers.
Pizza shipment chauffeurs.
What Is Employee Misclassification?

There are a number of differences between employees and self-employed employees, likewise understood as independent contractors or specialists. Unlike workers, who are told when and where to work, guaranteed a regular wage amount, and entitled to worker benefits, among other criteria, independent professionals usually deal with a short-term, contract basis with a service, and are invoiced for their work. Independent professionals are not entitled to employee advantages, and must submit and withhold their own taxes, as well.

However, over the last few years, some companies have abused classification by misclassifying bonafide workers as contractors in an attempt to save cash and prevent laws. This is most commonly seen amongst "gig economy" employees, such as rideshare motorists and delivery chauffeurs.

Some examples of misclassifications include:

Misclassifying an employee as an independent professional to not need to comply with Equal Job opportunity Commission laws, which avoid work discrimination.
Misclassifying a worker to prevent registering them in a health benefits plan.
Misclassifying workers to avoid paying out base pay.
How Is Defamation of Character Defined?

Defamation is normally specified as the act of harming the reputation of a person through slanderous (spoken) or false (written) remarks. When disparagement happens in the work environment, it has the prospective to damage group morale, produce alienation, and even cause long-lasting damage to a worker's career prospects.

Employers are responsible for putting a stop to damaging gossiping among staff members if it is a regular and known incident in the office. Defamation of character in the office might include circumstances such as:

An employer making harmful and unproven allegations, such as claims of theft or incompetence, toward an employee throughout a performance evaluation
An employee spreading out a damaging report about another employee that triggers them to be rejected for a job elsewhere
An employee spreading gossip about an employee that triggers other colleagues to prevent them
What Is Considered Employer Retaliation?

It is prohibited for a company to punish a staff member for filing a problem or suit versus their company. This is considered employer retaliation. Although workers are lawfully protected against retaliation, it does not stop some employers from penalizing a staff member who submitted a complaint in a variety of ways, such as:

Reducing the employee's income
Demoting the worker
Re-assigning the employee to a less-desirable task
Re-assigning the employee to a shift that produces a work-family dispute
Excluding the employee from essential work environment activities such as training sessions
What If a Business 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 staff members who should take a prolonged duration of time off from work.

Under the Family Medical Leave Act (FMLA), companies should offer unpaid leave time to workers with a qualifying household or private medical circumstance, such as leave for the birth or adoption of a baby or leave to care for a partner, kid, or moms and dad with a severe health condition. If qualified, employees are entitled to up to 12 weeks of unpaid leave time under the FMLA without worry of jeopardizing their job status.

The Uniformed Services Employment and Reemployment Rights Act (USERRA), on the other hand, warranties specific defenses 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 lack can be unfairly denied in a variety 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 care for a passing away moms and dad without simply cause
Firing a re-employed service member who took a leave of lack to serve in the militaries without just cause
Retaliating against a current or previous service member who took a leave of lack to serve in the armed forces
What Is Executive Compensation?

Executive payment is the combination of base cash settlement, deferred settlement, efficiency bonus offers, stock alternatives, executive perks, severance packages, and more, granted to high-level management staff members. Executive settlement bundles have come under increased scrutiny by regulatory agencies and investors alike. If you deal with a dispute throughout the negotiation of your executive pay plan, our lawyers may be able to assist you.

Why Should I Contact a Morgan & Morgan Employment Attorney?

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

In addition to our successful track record of representing victims of labor and work claims, our labor lawyers likewise represent employees before administrative firms 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 know may have been treated incorrectly by an employer or another employee, do not hesitate to call our office. To discuss your legal rights and choices, complete our complimentary, no-obligation case review type now.

What Does a Work Attorney Do?

Documentation. First, your assigned legal team will gather records connected to your claim, including your contract, time sheets, and interactions through email or other job-related platforms. These files will assist your lawyer understand the degree of your claim and develop your case for settlement.

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

Negotiation. Your attorney will negotiate with the defense, outside of the courtroom, to assist get you the compensation 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 greatest possible type.

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