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Labor and Employment Attorneys
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Were You Treated Unfairly While on the Job?
Morgan & Morgan’s employment attorneys submit the most employment lawsuits cases in the country, consisting of those including wrongful termination, discrimination, harassment, wage theft, worker misclassification, defamation, retaliation, denial of leave, and executive pay conflicts.
The office ought to be a safe place. Unfortunately, some employees undergo unreasonable and unlawful conditions by dishonest companies. Workers may not know what their rights in the workplace are, or may be afraid of speaking out against their employer in worry of retaliation. These labor infractions can lead to lost wages and benefits, missed out on opportunities for advancement, and unnecessary tension.
Unfair and inequitable labor practices versus workers can take many types, including wrongful termination, discrimination, harassment, refusal to provide a sensible accommodation, denial of leave, employer retaliation, and wage and hour offenses. Workers who are victim to these and other unethical practices may not understand their rights, or might hesitate to speak up against their employer for fear of retaliation.
At Morgan & Morgan, our work attorneys handle a variety of civil litigation cases including unfair labor practices versus employees. Our attorneys possess the understanding, commitment, and experience needed to represent workers in a vast array of labor disputes. In fact, Morgan & Morgan has actually been acknowledged for filing more labor and work cases than any other company.
If you believe you might have been the victim of unfair or illegal treatment in the office, call us by completing our free case assessment type.
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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, harassment, nationwide origin, religious beliefs, age, and disability).
Harassment (e.g., Sexual Harassment, Hostile Work Environment).
Unfair Labor 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 declares.
Executive Pay Disputes.
What Constitutes Wrongful Termination?
Sometimes workers are release for reasons that are unreasonable or prohibited. This is described wrongful termination, wrongful discharge, or wrongful termination.
There are many scenarios that might be premises for a wrongful termination claim, consisting of:
Firing a worker out of retaliation.
Discrimination.
Firing a whistleblower.
Firing a worker who will not do something prohibited for their company.
If you believe you may have been fired without appropriate cause, our labor and work lawyers may be able to assist you recuperate back pay, overdue earnings, and other types of compensation.
What Are one of the most Common Forms of Workplace Discrimination?
It is illegal to victimize a job candidate or worker on the basis of race, color, religion, sex, nationwide origin, disability, or age. However, some companies do simply that, causing a hostile and inequitable workplace where some workers are dealt with more favorably than others.
Workplace discrimination can take numerous forms. Some examples consist of:
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 employee with less experience.
Not offering equal training chances for staff members of various spiritual backgrounds.
Imposing job eligibility criteria that deliberately evaluates out individuals with specials needs.
Firing someone based on a safeguarded category.
What Are Some Examples of Workplace Harassment?
When workers are subjected to slurs, assaults, hazards, 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 produces a hostile and abusive work environment.
Examples of workplace harassment consist of:
Making undesirable comments about an employee’s look or body.
Telling a repulsive or sexual joke to a coworker.
Using slurs or racial epithets.
Making prejudicial declarations about an employee’s sexual preference.
Making negative comments about an employee’s religious beliefs.
Making prejudicial declarations about a worker’s birth place or household heritage.
Making unfavorable comments or jokes about the age of a staff member over the age of 40.
Workplace harassment can likewise take the kind of quid professional quo harassment. This means that the harassment results in an intangible change in an employee’s work status. For example, an employee may be forced to endure unwanted sexual advances from a supervisor as a condition of their continued employment.
Which Industries Have one of the most Overtime and Base Pay Violations?
The Fair Labor Standards Act (FLSA) established certain 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 employees.
However, some employers try to cut expenses by denying employees their rightful pay through deceitful approaches. This is called wage theft, and includes examples such as:
Paying a worker less than the federal base pay.
Giving an employee „comp time“ or hours that can be used towards vacation or sick time, instead of overtime pay 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 employees to pay for tools of the trade or other expenses that their employer need to pay.
Misclassifying a worker that ought to be paid overtime as „exempt“ by them to a „supervisory“ position without actually changing the employee’s task tasks.
A few of the most susceptible occupations to overtime and base pay offenses include:
IT employees.
Service technicians.
Installers.
Sales representatives.
Nurses and healthcare employees.
Tipped staff members.
Oil and gas field workers.
Call center workers.
Personal lenders, mortgage brokers, and AMLs.
Retail staff members.
Exotic dancers.
FedEx drivers.
Disaster relief employees.
Pizza shipment chauffeurs.
What Is Employee Misclassification?
There are a variety of distinctions between workers and self-employed workers, also referred to as independent specialists or consultants. Unlike employees, who are informed when and where to work, ensured a routine wage quantity, and entitled to staff member benefits, to name a few criteria, independent contractors normally deal with a short-term, agreement basis with a service, and are invoiced for their work. Independent contractors are not entitled to employee benefits, and need to file and keep their own taxes, too.
However, recently, some employers have abused category by misclassifying bonafide employees as contractors in an attempt to save money and prevent laws. This is most commonly seen among „gig economy“ workers, such as rideshare drivers and shipment motorists.
Some examples of misclassifications consist of:
Misclassifying an employee as an independent contractor to not need to comply with Equal Employment Opportunity Commission laws, which avoid employment discrimination.
Misclassifying a worker to avoid registering them in a health benefits plan.
Misclassifying workers to prevent paying out minimum wage.
How Is Defamation of Character Defined?
Defamation is normally defined as the act of damaging the reputation of an individual through slanderous (spoken) or false (written) comments. When defamation takes place in the office, it has the possible to hurt team morale, create alienation, and even cause long-term damage to a worker’s profession prospects.
Employers are responsible for putting a stop to hazardous gossiping amongst workers if it is a routine and known incident in the workplace. Defamation of character in the workplace might consist of instances such as:
A company making harmful and unproven allegations, such as claims of theft or incompetence, toward a worker during an efficiency review
An employee spreading a hazardous report about another employee that triggers them to be refused for a job in other places
A staff member spreading chatter about an employee that causes other colleagues to prevent them
What Is Considered Employer Retaliation?
It is illegal for a business to punish a worker for submitting a grievance or suit versus their employer. This is thought about employer retaliation. Although workers are legally safeguarded against retaliation, it does not stop some companies from penalizing an employee who filed a complaint in a range of methods, 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 produces a work-family dispute
Excluding the worker from vital workplace activities such as training sessions
What If a Business Denies a Leave of Absence?
While leave of lack laws vary from one state to another, there are a number of federally mandated laws that protect staff members who should take a prolonged duration of time off from work.
Under the Family Medical Leave Act (FMLA), employers need to use overdue leave time to staff members with a qualifying family or job private medical circumstance, such as leave for the birth or adoption of an infant or delegate take care of a spouse, child, or parent with a severe health condition. If certified, employees are entitled to as much as 12 weeks of unpaid 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, warranties specific defenses to current and previous uniformed service members who might require to be absent from civilian work for a specific time period in order to serve in the militaries.
Leave of absence can be unjustly denied in a number of ways, consisting of:
Firing a staff member who took a leave of absence for the birth or adoption of their infant without just cause
Demoting a staff member who took a leave of absence to look after a passing away moms and dad 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 present or former service member who took a leave of lack to serve in the armed forces
What Is Executive Compensation?
Executive settlement is the combination of base cash settlement, delayed payment, efficiency rewards, stock choices, executive benefits, severance bundles, and more, awarded to high-level management employees. Executive compensation plans have come under increased analysis by regulatory firms and investors alike. If you deal with a dispute during the negotiation of your executive pay bundle, our attorneys may be able to assist you.
Why Should I Contact a Morgan & Morgan Employment Attorney?
The work and labor lawyers at Morgan & Morgan have effectively pursued countless labor and work claims for individuals who require it most.
In addition to our successful track record of representing victims of labor and work claims, our labor lawyers likewise represent employees before administrative firms such as the Equal Job Opportunity Commission (EEOC), Department of Labor (DOL), Occupational Safety and Health Administration (OSHA), job and National Labor Relations Board (NLRB).
If you or someone you know might have been dealt with poorly by an employer or another staff member, do not hesitate to call our workplace. To discuss your legal rights and alternatives, submit our totally free, no-obligation case evaluation 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 interactions by means of email or other job-related platforms.
These documents will assist your lawyer comprehend the degree of your claim and build your case for payment.
Investigation.
Your lawyer and legal team will investigate your workplace claim in excellent detail to gather the necessary proof.
They will look at the documents you offer and might also look at work records, agreements, and other workplace information.
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 not successful, your lawyer is prepared to go to trial and present your case in the strongest possible kind.
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