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Were You While on the Job?

Morgan & Morgan's employment attorneys submit the many employment litigation cases in the nation, consisting of those involving wrongful termination, discrimination, harassment, wage theft, worker misclassification, disparagement, retaliation, denial of leave, and executive pay disagreements.

The office needs to be a safe location. Unfortunately, some employees are subjected to unjust and unlawful conditions by unethical employers. Workers may not know what their rights in the workplace are, or may hesitate of speaking out against their company in fear of retaliation. These labor violations can cause lost salaries and benefits, missed chances for advancement, and excessive stress.

Unfair and inequitable labor practices versus staff members can take numerous forms, including wrongful termination, discrimination, harassment, refusal to provide an affordable lodging, rejection of leave, employer retaliation, and wage and hour infractions. Workers who are victim to these and other unethical practices may not know their rights, or might be afraid to speak up against their employer for fear of retaliation.

At Morgan & Morgan, our employment lawyers manage a range of civil lawsuits cases including unfair labor practices against employees. Our lawyers possess the knowledge, commitment, and experience required to represent workers in a wide range of labor disputes. In reality, Morgan & Morgan has actually been acknowledged for submitting more labor and employment cases than any other firm.

If you believe you may have been the victim of unjust or unlawful treatment in the office, call us by finishing our complimentary case examination form.

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Our devoted group gets to work investigating your claim.


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If we handle the case, our team battles to get you the outcomes you are worthy of.


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FAQ

Get answers to commonly asked concerns about our legal services and find out how we may help you with your case.

What Does Labor Law and Employment Law Cover?

Our practice represents individuals who have actually been the victim of:

Wrongful Termination.
Discrimination (e.g., sex, race, color, harassment, nationwide origin, faith, age, and impairment).
Harassment (e.g., Sexual Harassment, Hostile Workplace).
Unfair Labor Practices (e.g., rejection of earnings, overtime, idea pooling, and equal 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 release for reasons that are unreasonable or illegal. This is described wrongful termination, wrongful discharge, or wrongful dismissal.

There are many circumstances that might be premises for a wrongful termination claim, including:

Firing a staff member out of retaliation.
Discrimination.
Firing a whistleblower.
Firing an employee who will not do something illegal for their company.
If you think you may have been fired without proper cause, our labor and work lawyers may be able to help you recover back pay, unpaid incomes, and other types of payment.

What Are the Most Common Forms of Workplace Discrimination?

It is prohibited to victimize a job applicant or staff member on the basis of race, color, religious beliefs, sex, nationwide origin, disability, or age. However, some employers do just that, causing a hostile and inequitable office where some workers are dealt with more favorably than others.

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

Refusing to employ somebody on the basis of their skin color.
Passing over a qualified female worker for a promo in favor of a male employee with less experience.
Not supplying equal training chances for staff members of various spiritual backgrounds.
Imposing job eligibility criteria that deliberately screens out people with disabilities.
Firing somebody based upon a secured category.
What Are Some Examples of Workplace Harassment?

When employees undergo slurs, assaults, threats, ridicule, offensive jokes, unwelcome sexual advances, or spoken or physical conduct of a sexual nature, it can be considered workplace harassment. Similar to workplace discrimination, workplace harassment develops a hostile and abusive workplace.

Examples of workplace harassment include:

Making unwelcome comments about a worker's appearance or body.
Telling a vulgar or sexual joke to a coworker.
Using slurs or racial epithets.
Making prejudicial statements about a worker's sexual preference.
Making unfavorable comments about a worker's religious beliefs.
Making prejudicial declarations about an employee's birth place or household heritage.
Making negative remarks or jokes about the age of a staff member over the age of 40.
Workplace harassment can likewise take the type of quid professional quo harassment. This indicates that the harassment results in an intangible change in a worker's employment status. For example, a staff member might be forced to tolerate sexual harassment 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) established particular employees’ 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 companies attempt to cut costs by rejecting employees their rightful pay through sly techniques. This is called wage theft, and includes examples such as:

Paying an employee less than the federal base pay.
Giving a worker “comp time” or hours that can be utilized towards getaway or ill time, rather than overtime pay for hours worked over 40 in a work week.
Forcing tipped workers to pool their tips with non-tipped employees, such as managers or cooks.
Forcing workers to pay for tools of the trade or other costs 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 altering the worker's job duties.
Some of the most vulnerable professions to overtime and base pay violations consist of:

IT employees.
Service technicians.
Installers.
Sales representatives.
Nurses and healthcare workers.
Tipped staff members.
Oil and gas field workers.
Call center employees.
Personal lenders, home mortgage brokers, and AMLs.
Retail employees.
Exotic dancers.
FedEx drivers.
Disaster relief workers.
Pizza delivery motorists.
What Is Employee Misclassification?

There are a variety of differences in between workers and self-employed workers, likewise called independent professionals or consultants. Unlike employees, who are told when and where to work, guaranteed a regular wage quantity, and entitled to staff member benefits, to name a few criteria, independent contractors generally deal with a short-term, agreement basis with a company, and are invoiced for their work. Independent contractors are not entitled to employee benefits, and must file and keep their own taxes, too.

However, in the last few years, some employers have actually abused classification by misclassifying bonafide employees as contractors in an effort to save money and prevent laws. This is most commonly seen among “gig economy” workers, such as rideshare drivers and delivery drivers.

Some examples of misclassifications include:

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

Defamation is normally specified as the act of damaging the track record of a person through slanderous (spoken) or libelous (written) comments. When disparagement occurs in the office, it has the potential to hurt team morale, produce alienation, or even cause long-term damage to a worker's career potential customers.

Employers are accountable for stopping hazardous gossiping among staff members if it is a routine and known event in the work environment. Defamation of character in the office may consist of circumstances such as:

An employer making harmful and unproven accusations, such as claims of theft or incompetence, toward a worker throughout a performance review
An employee spreading a hazardous rumor about another staff member that triggers them to be refused for a job elsewhere
An employee spreading chatter about an employee that triggers other coworkers to avoid them
What Is Considered Employer Retaliation?

It is prohibited for a company to punish a worker for filing a grievance or claim against their company. This is considered company retaliation. Although employees are legally protected against retaliation, it does not stop some companies from punishing a staff member who submitted a complaint in a variety of ways, such as:

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

While leave of lack laws vary from state to state, there are a number of federally mandated laws that safeguard staff members who need to take an extended amount of time off from work.

Under the Family Medical Leave Act (FMLA), employers need to use unsettled leave time to staff members with a qualifying family or private medical scenario, such as leave for the birth or adoption of a child or delegate care for a spouse, child, or parent with a serious health condition. If qualified, employees are entitled to as much as 12 weeks of unsettled leave time under the FMLA without fear of threatening their task status.

The Uniformed Services Employment and Reemployment Rights Act (USERRA), on the other hand, guarantees particular defenses to current and former 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 rejected in a number of methods, consisting of:

Firing a worker who took a leave of absence for the birth or adoption of their baby without just cause
Demoting a worker who took a leave of lack to look after a dying parent without simply cause
Firing a re-employed service member who took a leave of absence to serve in the armed forces without simply cause
Retaliating against an existing or former service member who took a leave of absence to serve in the armed forces
What Is Executive Compensation?

Executive settlement is the mix of base cash compensation, deferred compensation, efficiency rewards, stock choices, executive perks, severance plans, and more, awarded to top-level management employees. Executive payment packages have come under increased scrutiny by regulatory companies and investors alike. If you face a dispute throughout the settlement of your executive pay plan, our attorneys may have the ability to assist you.

Why Should I Contact a Morgan & Morgan Employment Attorney?

The work and labor lawyers at Morgan & Morgan have actually successfully pursued countless labor and work claims for the people who need it most.

In addition to our successful performance history of representing victims of labor and work claims, our labor attorneys likewise represent employees 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 treated poorly by an employer or another employee, do not hesitate to call our office. To discuss your legal rights and alternatives, complete our complimentary, no-obligation case evaluation kind now.

What Does an Employment Attorney Do?

Documentation. First, your designated legal group will collect records associated with your claim, including your contract, time sheets, and communications through email or other work-related platforms. These files will help your lawyer understand the extent of your claim and build your case for payment.

Investigation. Your lawyer and legal group will examine your workplace claim in excellent information to gather the needed proof. They will look at the documents you supply and might also look at employment records, employment contracts, and other work environment data.

Negotiation. Your attorney will work out with the defense, outside of the courtroom, to help 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 greatest possible form.

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