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Labor and Employment Attorneys

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– Protecting Families Since 1988.

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Were You Treated Unfairly While on the Job?

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

The work environment needs to be a safe location. Unfortunately, some employees go through unreasonable and unlawful conditions by unethical employers. Workers may not understand what their rights in the office are, or may be scared of speaking out against their employer in fear of retaliation. These labor offenses can lead to lost earnings and benefits, missed opportunities for advancement, and undue stress.

Unfair and inequitable labor practices against workers can take lots of types, consisting of wrongful termination, discrimination, harassment, refusal to provide an affordable lodging, 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 worry of retaliation.

At Morgan & Morgan, our work attorneys deal with a variety of civil lawsuits cases involving unreasonable labor practices versus staff members. Our lawyers have the understanding, commitment, and experience needed to represent workers in a wide variety of labor disputes. In truth, Morgan & Morgan has been acknowledged for filing more labor and employment cases than any other firm.

If you think you may have been the victim of unfair or illegal treatment in the office, contact us by completing our totally free case assessment form.

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FAQ

Get the answer to frequently 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 people who have been the victim of:

Wrongful Termination.

Discrimination (e.g., sex, race, color, harassment, nationwide origin, religion, age, and disability).

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

Unfair Labor Practices (e.g., denial 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 unfair or illegal. This is called wrongful termination, wrongful discharge, or wrongful termination.

There are numerous situations that may be premises for a wrongful termination suit, including:

Firing a staff member out of retaliation.

Discrimination.

Firing a whistleblower.

Firing a worker who won’t do something illegal for their employer.

If you believe you may have been fired without proper cause, our labor and employment lawyers may be able to assist you recover back pay, unsettled incomes, and other forms of settlement.

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

It is unlawful to discriminate versus a task candidate or worker on the basis of race, color, faith, sex, nationwide origin, impairment, or age. However, some companies do simply that, resulting in a hostile and inequitable workplace where some employees are dealt with more favorably than others.

Workplace discrimination can take many kinds. Some examples consist of:

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

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

Not providing equal training chances for adremcareers.com employees of various religious backgrounds.

Imposing job eligibility requirements that deliberately screens out individuals with impairments.

Firing someone based on a protected classification.

What Are Some Examples of Workplace Harassment?

When workers undergo slurs, assaults, hazards, ridicule, offending jokes, undesirable sexual advances, or verbal or physical conduct of a sexual nature, it can be considered workplace harassment. Similar to workplace discrimination, office harassment develops a hostile and violent work environment.

Examples of workplace harassment include:

Making unwelcome comments about an employee’s look or body.

Telling a vulgar or sexual joke to a coworker.

Using slurs or racial epithets.

Making prejudicial declarations about an employee’s sexual orientation.

Making negative comments about a worker’s religions.

Making prejudicial statements about an employee’s birthplace or family heritage.

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

Workplace harassment can likewise take the form of quid pro quo harassment. This means that the harassment results in an intangible change in a worker’s employment status. For instance, a staff member may be required 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) developed specific employees’ rights, consisting of 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 attempt to cut expenses by rejecting employees their rightful pay through deceiving methods. This is called wage theft, and includes examples such as:

Paying an employee less than the federal minimum wage.

Giving a worker “comp time” or hours that can be utilized toward holiday or sick time, rather than overtime spend for hours worked over 40 in a work week.

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

Forcing workers 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 promoting them to a “supervisory” position without in fact changing the employee’s job responsibilities.

Some of the most vulnerable professions to overtime and minimum wage infractions consist of:

IT workers.

Service professionals.

Installers.

Sales agents.

Nurses and health care employees.

Tipped staff members.

Oil and gas field employees.

Call center workers.

Personal lenders, home mortgage brokers, and AMLs.

Retail employees.

Exotic dancers.

FedEx drivers.

Disaster relief workers.

Pizza shipment drivers.

What Is Employee Misclassification?

There are a variety of differences between workers and self-employed workers, likewise called independent specialists or experts. Unlike employees, who are informed when and where to work, ensured a routine wage quantity, and entitled to worker advantages, to name a few criteria, independent professionals generally work on a short-term, contract basis with a company, and are invoiced for their work. Independent specialists are not entitled to staff member advantages, and must file and withhold their own taxes, as well.

However, in the last few years, some companies have abused category by misclassifying bonafide workers as specialists in an effort to save money and prevent laws. This is most frequently seen among “gig economy” workers, such as rideshare drivers and delivery drivers.

Some examples of misclassifications include:

Misclassifying a worker as an independent contractor to not have to adhere to Equal Job opportunity Commission laws, which prevent work discrimination.

Misclassifying a worker to prevent enrolling them in a health advantages prepare.

Misclassifying workers to prevent paying base pay.

How Is Defamation of Character Defined?

Defamation is usually defined as the act of damaging the track record of an individual through slanderous (spoken) or libelous (written) remarks. When disparagement occurs in the office, it has the prospective to hurt team morale, create alienation, or perhaps trigger long-lasting damage to an employee’s profession prospects.

Employers are responsible for putting a stop to harmful gossiping amongst staff members if it is a regular and recognized occurrence in the workplace. Defamation of character in the office might consist of instances such as:

An employer making harmful and unproven claims, such as claims of theft or somalibidders.com incompetence, towards a staff member during a performance evaluation

An employee spreading out a harmful report about another worker that causes them to be rejected for a job in other places

A worker dispersing chatter about an employee that causes other colleagues to prevent them

What Is Considered Employer Retaliation?

It is unlawful for a business to punish a staff member for filing a problem or claim against their company. This is thought about company retaliation. Although employees are lawfully safeguarded versus retaliation, it does not stop some companies from penalizing an employee who filed a complaint in a variety of methods, such as:

Reducing the worker’s salary

Demoting the employee

Re-assigning the employee to a less-desirable task

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

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

What If a Business Denies a Leave of Absence?

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

Under the Family Medical Leave Act (FMLA), employers need to use unsettled leave time to workers with a qualifying household or specific medical circumstance, such as leave for the birth or adoption of a baby or leave to care for a spouse, kid, or parent with a major health condition. If qualified, staff members are entitled to up to 12 weeks of unsettled leave time under the FMLA without worry of jeopardizing their task status.

The Uniformed Services Employment and Reemployment Rights Act (USERRA), on the other hand, guarantees certain securities to existing and former uniformed service members who may need to be absent from civilian work for a certain amount of time in order to serve in the militaries.

Leave of absence can be unjustly rejected in a variety of ways, consisting of:

Firing a staff member 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 absence to look after 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 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 compensation, delayed compensation, efficiency bonus offers, stock alternatives, executive perks, severance bundles, and more, awarded to top-level management staff members. Executive settlement bundles have actually come under increased analysis by regulative companies and shareholders alike. If you deal with a disagreement throughout the settlement of your executive pay plan, referall.us our lawyers might be able to help you.

Why Should I Contact a Morgan & Morgan Employment Attorney?

The employment and labor attorneys at Morgan & Morgan have actually effectively pursued thousands of labor and employment claims for individuals who require it most.

In addition to our successful performance history of representing victims of labor and employment claims, our labor attorneys likewise represent staff members 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 somebody you understand may have been treated poorly by an employer or another staff member, do not be reluctant to call our office. To discuss your legal rights and choices, complete our free, no-obligation case review kind now.

What Does a Work Attorney Do?

Documentation.
First, your designated legal team will gather records associated with your claim, including your contract, time sheets, and communications through email or other job-related platforms.
These documents will assist your attorney understand the extent of your claim and develop your case for compensation.

Investigation.
Your lawyer and legal group will investigate your office claim in fantastic detail to collect the essential proof.
They will look at the documents you provide and may also look at work records, agreements, and other workplace data.

Negotiation.
Your attorney will work out with the defense, outside of the courtroom, to help get you the payment 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 kind.

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