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  • Founded Date February 4, 1914
  • Sectors Engineering
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Labor And Employment Attorneys

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Mistreated on the Job?

Labor and Employment Attorneys

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. -America’s Largest Injury Law Firm ™.

– Protecting Families Since 1988.

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– 1,000+ Lawyers Nationwide.

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Were You Treated Unfairly While on the Job?

Morgan & Morgan’s employment attorneys submit one of the most work litigation cases in the nation, consisting of those involving wrongful termination, discrimination, harassment, wage theft, staff member misclassification, libel, retaliation, denial of leave, and executive pay disagreements.

The workplace should be a safe location. Unfortunately, some employees undergo unreasonable and prohibited conditions by unethical employers. Workers might not know what their rights in the workplace are, or might be afraid of speaking up against their company in fear of retaliation. These labor offenses can result in lost earnings and benefits, missed chances for development, and unnecessary stress.

Unfair and discriminatory labor practices against employees can take numerous forms, including wrongful termination, discrimination, harassment, rejection to provide an affordable lodging, rejection of leave, employer retaliation, and wage and hour offenses. Workers who are victim to these and other dishonest practices might not know their rights, or may be afraid to speak up against their company for fear of retaliation.

At Morgan & Morgan, our employment lawyers manage a variety of civil lawsuits cases including unjust labor practices against staff members. Our attorneys have the knowledge, commitment, and experience required to represent employees in a large range of labor conflicts. In truth, Morgan & Morgan has been acknowledged for filing more labor and employment cases than any other firm.

If you believe you may have been the victim of unfair or unlawful treatment in the workplace, contact us by finishing our complimentary case evaluation form.

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If we take on the case, our group fights to get you the outcomes you are worthy of.

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Results may vary depending on your particular truths and legal situations.

FAQ

Get responses to frequently asked concerns about our legal services and learn how we may help 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., rejection of salaries, 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 declares.

Executive Pay Disputes.

What Constitutes Wrongful Termination?

Sometimes staff members are let go for factors that are unfair or prohibited. This is described wrongful termination, wrongful discharge, or wrongful termination.

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

Firing an employee out of retaliation.

Discrimination.

Firing a whistleblower.

Firing a worker who will not do something illegal for their employer.

If you think you may have been fired without proper cause, our labor and employment attorneys might be able to help you recuperate back pay, overdue wages, and other types of payment.

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

It is prohibited to discriminate against a task applicant or staff member on the basis of race, color, religious beliefs, sex, national origin, impairment, or employment age. However, some employers do just that, causing a hostile and inequitable workplace where some employees are treated more positively than others.

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

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

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

Not providing equal training opportunities for workers of different spiritual backgrounds.

Imposing job eligibility criteria that intentionally evaluates out people with impairments.

Firing someone based on a safeguarded category.

What Are Some Examples of Workplace Harassment?

When employees are subjected to slurs, assaults, risks, ridicule, offensive jokes, unwelcome sexual advances, or verbal or physical conduct of a sexual nature, it can be considered workplace harassment. Similar to workplace discrimination, office harassment creates a hostile and violent work environment.

Examples of work environment harassment include:

Making unwanted remarks about an employee’s look or body.

Telling a repulsive or sexual joke to a colleague.

Using slurs or racial epithets.

Making prejudicial statements about a worker’s sexual preference.

Making unfavorable comments about a staff member’s religions.

Making prejudicial statements about a staff member’s birthplace or household heritage.

Making unfavorable remarks or jokes about the age of a staff member over the age of 40.

Workplace harassment can also take the kind of quid professional quo harassment. This indicates that the harassment leads to an intangible modification in an employee’s work status. For example, an employee may be required to tolerate 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) established particular employees’ rights, including the right to a base pay (set federally at $7.25 as of 2020) and overtime spend for all hours worked over 40 in a workweek for non-exempt workers.

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

Paying a worker less than the federal minimum wage.

Giving an employee “comp time” or hours that can be used towards holiday or ill time, rather than overtime spend for hours worked over 40 in a work week.

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

Forcing workers to spend for tools of the trade or other costs that their employer must pay.

Misclassifying an employee that must be paid overtime as “exempt” by promoting them to a “managerial” position without in fact altering the worker’s task duties.

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

IT employees.

Service professionals.

Installers.

Sales representatives.

Nurses and healthcare employees.

Tipped staff members.

Oil and gas field employees.

Call center employees.

Personal lenders, mortgage brokers, and AMLs.

Retail staff members.

Strippers.

FedEx motorists.

Disaster relief workers.

Pizza delivery drivers.

What Is Employee Misclassification?

There are a number of differences in between staff members and self-employed employees, also known as independent contractors or experts. Unlike employees, who are informed when and where to work, ensured a routine wage quantity, and entitled to employee advantages, amongst other criteria, independent professionals generally deal with a short-term, agreement basis with a business, and are invoiced for their work. Independent specialists are not entitled to staff member advantages, and must submit and withhold their own taxes, as well.

However, in recent years, some companies have actually abused classification by misclassifying bonafide workers as contractors in an effort to save money and prevent laws. This is most frequently seen among “gig economy” employees, such as rideshare motorists and shipment chauffeurs.

Some examples of misclassifications include:

Misclassifying an employee as an independent specialist to not need to adhere to Equal Employment Opportunity Commission laws, which prevent work discrimination.

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

Misclassifying staff members to prevent paying out minimum wage.

How Is Defamation of Character Defined?

Defamation is typically specified as the act of harming the credibility of an individual through slanderous (spoken) or false (written) comments. When defamation occurs in the office, it has the potential to hurt team morale, develop alienation, or perhaps cause long-term damage to a worker’s career potential customers.

Employers are accountable for putting a stop to hazardous gossiping among staff members if it is a regular and known occurrence in the workplace. Defamation of character in the workplace might consist of circumstances such as:

A company making damaging and unproven allegations, such as claims of theft or incompetence, towards a staff member throughout an efficiency evaluation

A staff member spreading a damaging rumor about another employee that causes them to be declined for a task elsewhere

A staff member dispersing chatter about a worker that triggers other coworkers to prevent them

What Is Considered Employer Retaliation?

It is prohibited for a company to penalize a worker for employment submitting a complaint or lawsuit against their employer. This is considered company retaliation. Although employees are legally protected versus retaliation, it doesn’t stop some companies from punishing a worker who submitted a grievance in a variety of ways, such as:

Reducing the employee’s salary

Demoting the worker

Re-assigning the employee to a less-desirable job

Re-assigning the employee to a shift that produces a work-family conflict

Excluding the employee from essential workplace activities such as training sessions

What If a Company Denies a Leave of Absence?

While leave of absence laws differ from state to state, there are a variety of federally mandated laws that safeguard workers who should take an extended amount of time off from work.

Under the Family Medical Leave Act (FMLA), employers need to offer unsettled leave time to staff members with a certifying family or individual medical circumstance, such as leave for the birth or of an infant or leave to look after a partner, kid, or parent with a major health condition. If certified, workers are entitled to approximately 12 weeks of unpaid leave time under the FMLA without worry of endangering their job status.

The Uniformed Services Employment and Reemployment Rights Act (USERRA), on the other hand, assurances certain defenses to present and former uniformed service members who might require to be missing from civilian employment for a certain period of time in order to serve in the armed forces.

Leave of absence can be unjustly denied in a variety of ways, including:

Firing an employee 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 absence to take care of a dying moms and dad without simply cause

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

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

What Is Executive Compensation?

Executive settlement is the combination of base cash payment, delayed payment, performance rewards, stock alternatives, executive perks, severance plans, and more, granted to top-level management staff members. Executive payment bundles have actually come under increased examination by regulatory firms and shareholders alike. If you deal with a dispute during the negotiation of your executive pay package, our lawyers may be able to help you.

Why Should I Contact a Morgan & Morgan Employment Attorney?

The work and labor attorneys at Morgan & Morgan have successfully pursued thousands of labor and employment claims for individuals who need it most.

In addition to our effective track record of representing victims of labor and employment claims, our labor attorneys also represent staff members 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 understand might have been treated incorrectly by a company or another staff member, do not hesitate to call our office. To discuss your legal rights and options, fill out our complimentary, no-obligation case review kind now.

What Does an Employment Attorney Do?

Documentation.
First, your appointed legal group will gather records associated with your claim, including your contract, time sheets, and interactions by means of e-mail or other work-related platforms.
These files will assist your lawyer comprehend the extent of your claim and construct your case for settlement.

Investigation.
Your attorney and legal team will investigate your workplace claim in fantastic detail to collect the necessary evidence.
They will look at the files you supply and might also take a look at employment records, agreements, and other office information.

Negotiation.
Your lawyer will work out with the defense, beyond the courtroom, to help get you the payment 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 kind.

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