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  • Founded Date November 17, 1945
  • Sectors Accountancy
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Labor And Employment Attorneys

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Mistreated on the Job?

Labor and Employment Attorneys

Rating Overview

Based upon 55,000 Select Nationwide Reviews

– The Fee Is Free Unless You Win ®

. -America’s Largest Injury Law office ™.

– 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 lawyers submit the most work litigation cases in the nation, consisting of those including wrongful termination, discrimination, harassment, wage theft, worker misclassification, disparagement, retaliation, rejection of leave, and executive pay disputes.

The work environment needs to be a safe place. Unfortunately, some workers undergo unfair and unlawful conditions by unscrupulous companies. Workers may not understand what their rights in the workplace are, or might be afraid of speaking up versus their employer in fear of retaliation. These labor offenses can result in lost earnings and advantages, missed chances for development, and excessive stress.

Unfair and discriminatory labor practices versus employees can take many forms, including wrongful termination, discrimination, harassment, rejection to provide a reasonable accommodation, rejection of leave, company retaliation, and wage and hour infractions. Workers who are victim to these and other unethical practices might not know their rights, or may hesitate to speak out versus their company for fear of retaliation.

At Morgan & Morgan, our work attorneys manage a variety of civil lawsuits cases including unreasonable labor practices against employees. Our attorneys have the knowledge, commitment, and experience required to represent workers in a wide variety of labor disputes. In reality, Morgan & Morgan has actually been recognized for submitting more labor and work cases than any other company.

If you believe you might have been the victim of unreasonable or unlawful treatment in the office, contact us by finishing our free case examination type.

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FAQ

Get answers to typically asked concerns about our legal services and discover how we might 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, national origin, religion, age, and impairment).

Harassment (e.g., Sexual Harassment, employment Hostile Work Environment).

Unfair Labor employment Practices (e.g., rejection of salaries, overtime, pointer pooling, and equal 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 let go for factors that are unfair or prohibited. This is termed wrongful termination, wrongful discharge, or wrongful termination.

There are numerous circumstances that may be premises for a wrongful termination lawsuit, including:

Firing a worker 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 proper cause, our labor and employment attorneys may be able to assist you recuperate back pay, overdue earnings, and other kinds of settlement.

What Are the Most Common Forms of Workplace Discrimination?

It is unlawful to discriminate versus a task candidate or employee 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 work environment where some employees are dealt with more favorably than others.

Workplace discrimination can take many forms. Some examples include:

Refusing to hire someone on the basis of their skin color.

Passing over a qualified female worker for a promotion in favor of a male worker with less experience.

Not offering equivalent training opportunities for employees of different spiritual backgrounds.

Imposing job eligibility criteria that intentionally evaluates out individuals with disabilities.

Firing somebody based upon a safeguarded category.

What Are Some Examples of Workplace Harassment?

When employees go through slurs, assaults, risks, 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, work environment harassment produces a hostile and violent workplace.

Examples of workplace harassment include:

Making unwanted remarks about a worker’s look or body.

Telling a repulsive or sexual joke to a colleague.

Using slurs or racial epithets.

Making prejudicial declarations about a worker’s sexual preference.

Making unfavorable comments about a worker’s religions.

Making prejudicial declarations about a staff member’s birthplace or household 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 professional quo harassment. This implies that the harassment results in an intangible change in an employee’s employment status. For example, an employee might be forced to tolerate sexual harassment from a supervisor as a condition of their continued work.

Which Industries Have the Most Overtime and Base Pay Violations?

The Fair Labor Standards Act (FLSA) established certain employees’ rights, including 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 employees.

However, some employers try to cut expenses by rejecting employees their rightful pay through deceiving 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 toward holiday or ill time, instead of for hours worked over 40 in a work week.

Forcing tipped employees to pool their suggestions with non-tipped workers, such as managers 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 in fact changing the employee’s task duties.

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

IT workers.

Service service technicians.

Installers.

Sales agents.

Nurses and healthcare workers.

Tipped employees.

Oil and gas field workers.

Call center employees.

Personal lenders, mortgage brokers, and AMLs.

Retail staff members.

Strippers.

FedEx motorists.

Disaster relief workers.

Pizza shipment chauffeurs.

What Is Employee Misclassification?

There are a number of differences between staff members and self-employed workers, also referred to as independent specialists or consultants. Unlike employees, who are told when and where to work, ensured a routine wage quantity, and entitled to employee advantages, to name a few requirements, independent contractors usually work on a short-term, contract basis with an organization, and are invoiced for their work. Independent professionals are not entitled to worker benefits, and should submit and keep their own taxes, also.

However, in recent years, some employers have abused classification by misclassifying bonafide staff members as specialists in an effort to save money and prevent laws. This is most commonly seen among “gig economy” employees, such as rideshare motorists and shipment motorists.

Some examples of misclassifications consist of:

Misclassifying an employee as an independent specialist to not have to adhere to Equal Job opportunity Commission laws, which avoid work discrimination.

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

Misclassifying workers to avoid paying minimum wage.

How Is Defamation of Character Defined?

Defamation is normally specified as the act of damaging the reputation of a person through slanderous (spoken) or libelous (written) remarks. When defamation occurs in the workplace, it has the possible to hurt team spirits, develop alienation, or even cause long-lasting 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 routine and known incident in the workplace. Defamation of character in the work environment might consist of instances such as:

A company making hazardous and unproven allegations, such as claims of theft or incompetence, towards a staff member during a performance evaluation

A staff member spreading out a damaging rumor about another staff member that triggers them to be declined for a job elsewhere

An employee spreading gossip about an employee that causes other colleagues to avoid them

What Is Considered Employer Retaliation?

It is illegal for a business to penalize a worker for filing a problem or claim against their company. This is thought about employer retaliation. Although employees are legally protected against retaliation, it doesn’t stop some employers from penalizing a worker who filed a complaint in a variety of methods, such as:

Reducing the employee’s wage

Demoting the worker

Re-assigning the worker to a less-desirable job

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

Excluding the employee from necessary 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 number of federally mandated laws that secure workers who must take an extended period of time off from work.

Under the Family Medical Leave Act (FMLA), companies must use unpaid leave time to workers with a certifying family or private medical circumstance, such as leave for the birth or adoption of a child or leave to look after a partner, kid, or moms and dad with a serious health condition. If certified, staff members are entitled to up to 12 weeks of unsettled leave time under the FMLA without fear of jeopardizing their task status.

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

Leave of lack can be unjustly denied in a variety of ways, consisting of:

Firing an employee who took a leave of absence for the birth or adoption of their infant without just cause

Demoting a worker who took a leave of absence to care for a passing away parent without simply cause

Firing a re-employed service member who took a leave of lack to serve in the armed forces without just cause

Retaliating against an existing or former service member who took a leave of lack to serve in the armed forces

What Is Executive Compensation?

Executive payment is the mix of base money settlement, deferred payment, performance rewards, stock choices, executive advantages, severance plans, and more, granted to high-level management workers. Executive compensation packages have come under increased examination by regulative firms and employment shareholders alike. If you deal with a conflict throughout the settlement of your executive pay bundle, our attorneys 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 countless labor and employment claims for individuals who require it most.

In addition to our effective performance history of representing victims of labor and employment claims, our labor attorneys also represent employees before administrative agencies 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 may have been treated poorly by an employer or another employee, do not think twice to contact our workplace. To discuss your legal rights and employment options, complete our complimentary, no-obligation case evaluation form now.

What Does an Employment Attorney Do?

Documentation.
First, your appointed legal team will gather records connected to your claim, including your agreement, time sheets, and communications through email or other work-related platforms.
These files will help your lawyer comprehend the degree of your claim and construct your case for compensation.

Investigation.
Your attorney and legal group will investigate your work environment claim in fantastic information to collect the needed proof.
They will look at the files you supply and might also look at employment records, contracts, and other office information.

Negotiation.
Your lawyer will work out with the defense, outside of the courtroom, to assist get you the compensation you may 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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