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Labor and Employment Attorneys

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Based upon 55,000 Select Nationwide Reviews

– The Fee Is Free Unless You Win ®

. -America’s Largest Injury Law practice ™.

– Protecting Families Since 1988.

– 25 Billion+ Won.

– 1,000+ Lawyers Nationwide.

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Were You Treated Unfairly While on the Job?

Morgan & Morgan’s employment attorneys file one of the most employment litigation cases in the nation, including those including wrongful termination, discrimination, harassment, wage theft, worker misclassification, libel, retaliation, denial of leave, and executive pay conflicts.

The workplace needs to be a safe location. Unfortunately, some employees undergo unjust and prohibited conditions by deceitful companies. Workers might not understand 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 benefits, missed opportunities for improvement, and unnecessary stress.

Unfair and prejudiced labor practices against workers can take numerous types, including wrongful termination, discrimination, harassment, refusal to offer a sensible accommodation, rejection of leave, employer retaliation, and wage and hour violations. Workers who are victim to these and other dishonest practices may not know their rights, or might be scared to speak out against their employer for fear of retaliation.

At Morgan & Morgan, our employment lawyers deal with a variety of civil litigation cases including unfair labor practices against employees. Our attorneys possess the knowledge, devotion, and experience needed to represent employees in a large range of labor conflicts. In truth, Morgan & Morgan has actually been acknowledged for submitting more labor and work cases than any other firm.

If you think you may have been the victim of unjust or prohibited treatment in the office, call us by completing our free case evaluation type.

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If we handle the case, our team fights to get you the outcomes you should have.

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

FAQ

Get answers to frequently asked concerns about our legal services and learn how we might assist you with your case.

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, job harassment, national origin, faith, age, and disability).

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

Unfair Labor Practices (e.g., denial of salaries, 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 workers are release for reasons that are unjust or unlawful. This is described wrongful termination, wrongful discharge, or wrongful dismissal.

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

Firing a staff member out of retaliation.

Discrimination.

Firing a whistleblower.

Firing an employee who will not do something prohibited for their company.

If you think you might have been fired without appropriate cause, our labor and work attorneys may have the ability to help you recuperate back pay, unpaid salaries, and other kinds of compensation.

What Are the Most Common Forms of Workplace Discrimination?

It is prohibited to victimize a task applicant or worker on the basis of race, color, religion, sex, national origin, special needs, or age. However, some employers do simply that, causing a hostile and inequitable workplace where some employees are treated more favorably than others.

Workplace discrimination can take numerous forms. Some examples consist of:

Refusing to work with someone on the basis of their skin color.

Passing over a qualified female employee for a promo in favor of a male staff member with less experience.

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

Imposing task eligibility criteria that intentionally screens out people with disabilities.

Firing somebody based on a safeguarded classification.

What Are Some Examples of Workplace Harassment?

When workers go through slurs, attacks, dangers, 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, job office harassment develops a hostile and abusive work environment.

Examples of work environment harassment include:

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

Telling a vulgar or sexual joke to a coworker.

Using slurs or racial epithets.

Making prejudicial declarations about a worker’s sexual preference.

Making unfavorable comments about a staff member’s religious beliefs.

Making prejudicial statements about a staff member’s birthplace 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 kind of quid professional quo harassment. This indicates that the harassment leads to an intangible modification in a worker’s work status. For example, an employee might be forced to tolerate unwanted sexual advances 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) established certain workers’ rights, consisting of the right to a minimum wage (set federally at $7.25 as of 2020) and overtime pay for all hours worked over 40 in a workweek for non-exempt staff members.

However, some employers attempt to cut costs by rejecting workers their rightful pay through deceiving techniques. This is called wage theft, and consists of examples such as:

Paying a worker less than the federal base pay.

Giving a worker “comp time” or hours that can be used towards vacation or sick time, instead of overtime spend for hours worked over 40 in a work week.

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

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

Some of the most susceptible occupations to overtime and base pay offenses include:

IT workers.

Service specialists.

Installers.

Sales agents.

Nurses and health care employees.

Tipped workers.

Oil and gas field workers.

Call center employees.

Personal bankers, mortgage brokers, and AMLs.

Retail workers.

Exotic dancers.

FedEx drivers.

Disaster relief employees.

Pizza delivery chauffeurs.

What Is Employee Misclassification?

There are a number of differences in between staff members and self-employed employees, likewise referred to as independent specialists or experts. Unlike employees, who are informed when and where to work, ensured a regular wage quantity, and entitled to staff member advantages, amongst other requirements, independent professionals usually deal with a short-term, agreement basis with an organization, and are invoiced for their work. Independent professionals are not entitled to staff member benefits, and need to submit and keep their own taxes, also.

However, over the last few years, some companies have actually abused classification by misclassifying bonafide workers as professionals in an effort to conserve money and circumvent laws. This is most frequently seen among “gig economy” employees, such as rideshare drivers and delivery drivers.

Some examples of misclassifications include:

Misclassifying an employee as an independent professional to not have to comply with Equal Employment Opportunity Commission laws, which avoid work discrimination.

Misclassifying an employee to prevent enrolling them in a health benefits prepare.

Misclassifying workers to prevent paying minimum wage.

How Is Defamation of Character Defined?

Defamation is normally defined as the act of harming the credibility of an individual through slanderous (spoken) or libelous (written) comments. When character assassination occurs in the work environment, it has the potential to damage team spirits, create alienation, and even trigger long-lasting damage to a worker’s career prospects.

Employers are accountable for stopping harmful gossiping amongst staff members if it is a regular and known occurrence in the office. Defamation of character in the workplace might consist of circumstances such as:

An employer making damaging and unfounded allegations, job such as claims of theft or incompetence, towards an employee throughout an efficiency evaluation

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

A worker spreading chatter about an employee that triggers other colleagues to prevent them

What Is Considered Employer Retaliation?

It is unlawful for a company to punish a worker for submitting a grievance or suit against their company. This is thought about employer retaliation. Although workers are lawfully protected against retaliation, it doesn’t stop some employers from punishing a staff member who submitted a complaint in a variety of methods, such as:

Reducing the worker’s salary

Demoting the employee

Re-assigning the worker to a less-desirable task

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

Excluding the employee from vital work environment activities such as training sessions

What If a Business Denies a Leave of Absence?

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

Under the Family Medical Leave Act (FMLA), companies should offer unpaid leave time to employees with a certifying family or private medical circumstance, such as leave for the birth or adoption of an infant or delegate 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 task status.

The Uniformed Services Employment and Reemployment Rights Act (USERRA), on the other hand, assurances particular securities to current and former uniformed service members who may require to be missing from civilian work for a particular amount of time in order to serve in the militaries.

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

Firing a worker who took a leave of absence for the birth or adoption of their infant without simply cause

Demoting a staff member who took a leave of lack to take care of 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 just cause

Retaliating against a current or previous service member who took a leave of absence to serve in the armed forces

What Is Executive Compensation?

Executive compensation is the combination of base money compensation, postponed payment, efficiency bonus offers, stock alternatives, executive benefits, severance bundles, and more, granted to top-level management staff members. Executive settlement plans have actually come under increased examination by regulative companies and investors alike. If you face a disagreement throughout the negotiation of your executive pay package, our lawyers might be able to assist you.

Why Should I Contact a Morgan & Morgan Employment Attorney?

The employment and labor legal representatives at Morgan & Morgan have effectively pursued thousands of labor and work claims for the people who need it most.

In addition to our effective track record 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 someone you understand may have been dealt with improperly by an employer or job another worker, do not hesitate to call our workplace. To discuss your legal rights and choices, fill out our free, no-obligation case evaluation type now.

What Does an Employment Attorney Do?

Documentation.
First, your assigned legal group will gather records connected to your claim, including your contract, time sheets, and interactions through email or other job-related platforms.
These documents will help your lawyer comprehend the extent of your claim and build your case for payment.

Investigation.
Your lawyer and legal group will investigate your office claim in great information to collect the required proof.
They will look at the documents you provide and might also take a look at employment records, contracts, and other office data.

Negotiation.
Your attorney will work out with the defense, beyond the courtroom, to assist 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 type.

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