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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 work lawyers file the many employment lawsuits cases in the country, consisting of those including wrongful termination, discrimination, harassment, wage theft, staff member misclassification, libel, retaliation, denial of leave, and executive pay disputes.

The office must be a safe place. Unfortunately, some workers are subjected to unreasonable and illegal conditions by unethical companies. Workers may not understand what their rights in the office are, or may be scared of speaking out against their company in fear of retaliation. These labor offenses can lead to lost earnings and benefits, missed opportunities for development, and undue stress.

Unfair and discriminatory labor practices against staff members can take many kinds, consisting of wrongful termination, discrimination, harassment, refusal to offer a sensible lodging, denial of leave, company retaliation, and wage and hour violations. Workers who are victim to these and other dishonest practices might not know their rights, or might be scared to speak up against their employer for worry of retaliation.

At Morgan & Morgan, our work attorneys deal with a variety of civil litigation cases including unfair labor practices against staff members. Our attorneys have the understanding, devotion, and experience needed to represent employees in a large range of labor disputes. In reality, Morgan & Morgan has actually been acknowledged for submitting more labor and work cases than any other company.

If you think you may have been the victim of unjust or illegal treatment in the workplace, contact us by completing our totally free case assessment kind.

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We take. action

Our dedicated team gets to work examining your claim.


Step 3

We battle. for you

If we handle the case, our team fights to get you the results you deserve.


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Results might vary depending upon your particular truths and legal circumstances.


FAQ

Get answers to commonly asked concerns about our legal services and find out how we might 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 special needs).
Harassment (e.g., Sexual Harassment, Hostile Work Environment).
Unfair Labor Practices (e.g., denial of wages, 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 employees are release for factors that are unfair or prohibited. This is called wrongful termination, employment wrongful discharge, employment or wrongful termination.

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

Firing a worker out of retaliation.
Discrimination.
Firing a whistleblower.
Firing a worker who won't do something unlawful for their employer.
If you think you may have been fired without correct cause, our labor and work might be able to help you recover back pay, unsettled salaries, and other forms of compensation.

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

It is unlawful to victimize a task applicant or employee on the basis of race, color, faith, sex, nationwide origin, disability, or age. However, some companies do just that, causing a hostile and inequitable work environment where some workers are treated more favorably than others.

Workplace discrimination can take many kinds. Some examples include:

Refusing to hire somebody on the basis of their skin color.
Passing over a certified female staff member for a promotion in favor of a male worker with less experience.
Not providing equivalent training opportunities for employees of different religious backgrounds.
Imposing task eligibility requirements that deliberately screens out people with disabilities.
Firing somebody based upon a safeguarded category.
What Are Some Examples of Workplace Harassment?

When workers go through slurs, attacks, threats, ridicule, offending jokes, unwanted sexual advances, or verbal or physical conduct of a sexual nature, it can be thought about workplace harassment. Similar to workplace discrimination, office harassment develops a hostile and abusive work environment.

Examples of work environment harassment include:

Making unwanted remarks about a worker's appearance or body.
Telling a vulgar or sexual joke to a coworker.
Using slurs or racial epithets.
Making prejudicial declarations about an employee's sexual orientation.
Making unfavorable remarks about a worker's faiths.
Making prejudicial declarations about an employee's birth place or family heritage.
Making unfavorable comments or jokes about the age of an employee over the age of 40.
Workplace harassment can likewise take the form of quid pro quo harassment. This implies that the harassment results in an intangible change in a worker's employment status. For instance, a staff member may be required to endure unwanted sexual advances from a supervisor as a condition of their continued employment.

Which Industries Have the Most Overtime and Minimum Wage Violations?

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

However, some employers try to cut costs by rejecting workers their rightful pay through sly techniques. 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 used towards trip or ill time, instead of overtime pay for hours worked over 40 in a work week.
Forcing tipped workers to pool their pointers with non-tipped employees, such as supervisors or cooks.
Forcing employees to spend for tools of the trade or other costs that their company need to pay.
Misclassifying an employee that ought to be paid overtime as "exempt" by promoting them to a "supervisory" position without in fact altering the worker's task duties.
Some of the most vulnerable occupations to overtime and base pay violations consist of:

IT workers.
Service professionals.
Installers.
Sales representatives.
Nurses and healthcare workers.
Tipped employees.
Oil and gas field workers.
Call center employees.
Personal bankers, mortgage brokers, and AMLs.
Retail staff members.
Strippers.
FedEx chauffeurs.
Disaster relief employees.
Pizza delivery motorists.
What Is Employee Misclassification?

There are a number of distinctions between employees and self-employed workers, also referred to as independent contractors or experts. Unlike staff members, who are informed when and where to work, guaranteed a regular wage quantity, and entitled to staff member benefits, among other requirements, independent professionals typically work on a short-term, contract basis with an organization, and are invoiced for their work. Independent professionals are not entitled to employee benefits, and must submit and keep their own taxes, as well.

However, in the last few years, some companies have actually abused classification by misclassifying bonafide workers as professionals in an effort to conserve cash and circumvent laws. This is most commonly seen among "gig economy" workers, such as rideshare motorists and shipment motorists.

Some examples of misclassifications include:

Misclassifying a worker as an independent specialist to not have to comply with Equal Employment Opportunity Commission laws, which prevent employment discrimination.
Misclassifying an employee to avoid enrolling them in a health advantages prepare.
Misclassifying workers to avoid paying base pay.
How Is Defamation of Character Defined?

Defamation is generally defined as the act of damaging the track record of a person through slanderous (spoken) or libelous (written) remarks. When libel occurs in the work environment, it has the potential to hurt team spirits, develop alienation, or perhaps trigger long-term damage to a worker's profession potential customers.

Employers are accountable for stopping hazardous gossiping amongst workers if it is a routine and recognized occurrence in the workplace. Defamation of character in the work environment might consist of instances such as:

A company making hazardous and unproven accusations, such as claims of theft or incompetence, toward a worker throughout an efficiency evaluation
A worker spreading a harmful rumor about another staff member that triggers them to be declined for a job elsewhere
A staff member dispersing chatter about an employee that causes other coworkers to avoid them
What Is Considered Employer Retaliation?

It is unlawful for a company to penalize a worker for filing a complaint or lawsuit versus their employer. This is considered employer retaliation. Although workers are lawfully secured versus retaliation, it does not stop some companies from punishing a staff member who filed a complaint in a range of methods, such as:

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

While leave of absence laws vary from state to state, there are a variety of federally mandated laws that safeguard staff members who must take an extended time period off from work.

Under the Family Medical Leave Act (FMLA), companies need to use unsettled leave time to employees with a certifying family or specific medical circumstance, such as leave for the birth or adoption of an infant or delegate take care of a spouse, kid, or moms and dad with a major health condition. If certified, workers are entitled to approximately 12 weeks of overdue leave time under the FMLA without fear of jeopardizing their job status.

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

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

Firing a worker who took a leave of lack for the birth or adoption of their baby without simply cause
Demoting a staff member who took a leave of lack 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 armed forces without simply cause
Retaliating against a current or former service member who took a leave of absence to serve in the armed forces
What Is Executive Compensation?

Executive payment is the combination of base cash payment, delayed payment, performance perks, stock options, executive perks, severance packages, and more, granted to top-level management workers. Executive payment plans have come under increased scrutiny by regulatory companies and shareholders alike. If you deal with a conflict throughout the settlement of your executive pay bundle, our attorneys might 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 thousands of labor and work claims for the individuals who need it most.

In addition to our successful performance history of representing victims of labor and employment claims, our labor lawyers likewise represent employees before administrative companies 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 somebody you understand might have been dealt with improperly by a company or another employee, do not think twice to call our office. To discuss your legal rights and options, submit our totally free, no-obligation case review form now.

What Does a Work Attorney Do?

Documentation. First, your designated legal group will gather records connected to your claim, including your agreement, time sheets, and communications through email or other job-related platforms. These documents will assist your attorney understand the level of your claim and build your case for settlement.

Investigation. Your attorney and legal group will investigate your workplace claim in great detail to gather the needed proof. They will take a look at the files you offer and may likewise look at employment records, agreements, and other workplace data.

Negotiation. Your attorney will negotiate with the defense, outside of the courtroom, to help get you the compensation you may be entitled to. If settlement negotiations are unsuccessful, your attorney is prepared to go to trial and present your case in the greatest possible type.

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