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Labor and Employment Attorneys

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– The Fee Is Free Unless You Win ®

. -America’s Largest Injury Law practice ™.

– Protecting Families Since 1988.

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Were You Treated Unfairly While on the Job?

Morgan & Morgan’s employment lawyers submit the most employment litigation cases in the nation, including those involving wrongful termination, discrimination, harassment, wage theft, employee misclassification, disparagement, retaliation, rejection of leave, and executive pay disputes.

The office ought to be a safe place. Unfortunately, some workers are subjected to unreasonable and prohibited conditions by unscrupulous employers. Workers might not know what their rights in the work environment are, or may hesitate of speaking up against their company in worry of retaliation. These labor offenses can cause lost salaries and benefits, missed out on opportunities for advancement, and undue tension.

Unfair and discriminatory labor referall.us practices versus staff members can take many types, consisting of wrongful termination, discrimination, harassment, rejection to offer a reasonable accommodation, rejection of leave, company retaliation, and wage and hour infractions. Workers who are victim to these and other unethical practices may not know their rights, or may hesitate to speak out against their employer for fear of retaliation.

At Morgan & Morgan, our work lawyers deal with a variety of civil lawsuits cases involving unjust labor practices versus workers. Our attorneys have the knowledge, commitment, and experience required to represent employees in a large range of labor disputes. In fact, Morgan & Morgan has actually been acknowledged for submitting more labor and work cases than any other firm.

If you believe you might have been the victim of unfair or unlawful treatment in the workplace, contact us by completing our totally free case examination form.

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FAQ

Get the answer to frequently asked questions about our legal services and discover how we may assist you with your case.

What Does Labor Law and Employment Law Cover?

Our practice represents individuals who have been the victim of:

Wrongful Termination.

Discrimination (e.g., sex, race, color, harassment, national origin, religion, age, and special needs).

Harassment (e.g., Unwanted sexual advances, Hostile Work Environment).

Unfair Labor Practices (e.g., denial of wages, 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 workers are release for reasons that are unreasonable or illegal. This is termed wrongful termination, wrongful discharge, or wrongful dismissal.

There are many scenarios that may be grounds for a wrongful termination claim, including:

Firing a worker out of retaliation.

Discrimination.

Firing a whistleblower.

Firing an employee who will not do something illegal for their company.

If you believe you might have been fired without proper cause, our labor and employment attorneys might be able to help you recover back pay, unsettled wages, and other kinds of settlement.

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

It is prohibited to victimize a task applicant or staff member on the basis of race, color, religion, sex, nationwide origin, special needs, or age. However, some companies do simply that, leading to a hostile and inequitable workplace where some employees are treated more positively than others.

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

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

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

Not offering equal training chances for workers of different religious backgrounds.

Imposing task eligibility requirements that deliberately screens out individuals with disabilities.

Firing somebody based on a secured category.

What Are Some Examples of Workplace Harassment?

When employees are subjected to slurs, assaults, dangers, ridicule, offending jokes, unwanted 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 consist of:

Making undesirable remarks about an employee’s look 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 an employee’s religious beliefs.

Making prejudicial declarations about a worker’s birthplace or family heritage.

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

Workplace harassment can likewise take the type of quid pro quo harassment. This means that the harassment leads to an intangible change in an employee’s employment status. For example, a staff member may be required to endure 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 certain employees’ rights, the right to a minimum wage (set federally at $7.25 since 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 workers their rightful pay through sly methods. This is called wage theft, and consists of examples such as:

Paying an employee less than the federal base pay.

Giving an employee “comp time” or hours that can be used toward trip 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 workers, such as supervisors or cooks.

Forcing employees to spend for tools of the trade or other expenditures that their employer ought to pay.

Misclassifying a worker that must be paid overtime as “exempt” by promoting them to a “supervisory” position without actually altering the worker’s task responsibilities.

A few of the most susceptible professions to overtime and base pay offenses consist of:

IT employees.

Service professionals.

Installers.

Sales agents.

Nurses and health care employees.

Tipped workers.

Oil and gas field workers.

Call center employees.

Personal bankers, mortgage brokers, and AMLs.

Retail employees.

Strippers.

FedEx drivers.

Disaster relief employees.

Pizza delivery drivers.

What Is Employee Misclassification?

There are a number of distinctions between workers and self-employed employees, also known as independent professionals or experts. Unlike workers, who are informed when and where to work, ensured a routine wage amount, and entitled to employee advantages, amongst other requirements, independent professionals generally 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 need to submit and keep their own taxes, as well.

However, over the last few years, some employers have actually abused classification by misclassifying bonafide employees as specialists in an effort to conserve cash and circumvent laws. This is most typically seen among “gig economy” workers, such as rideshare motorists and shipment chauffeurs.

Some examples of misclassifications include:

Misclassifying an employee as an independent professional to not have to abide by Equal Employment Opportunity Commission laws, which avoid work discrimination.

Misclassifying a worker to avoid registering them in a health benefits plan.

Misclassifying workers to avoid paying base pay.

How Is Defamation of Character Defined?

Defamation is generally specified as the act of damaging the credibility of a person through slanderous (spoken) or libelous (written) comments. When disparagement takes place in the office, it has the possible to hurt team morale, produce alienation, or even cause long-lasting damage to an employee’s profession prospects.

Employers are accountable for putting a stop to hazardous gossiping among employees if it is a routine and recognized incident in the work environment. Defamation of character in the work environment may consist of circumstances such as:

A company making damaging and unfounded accusations, such as claims of theft or incompetence, towards a worker throughout a performance review

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

A staff member dispersing chatter about an employee that triggers other colleagues to avoid them

What Is Considered Employer Retaliation?

It is illegal for a business to penalize an employee for filing a complaint or lawsuit against their employer. This is thought about employer retaliation. Although workers are legally safeguarded against retaliation, it doesn’t stop some employers from penalizing a staff member who submitted a complaint in a variety of methods, such as:

Reducing the employee’s wage

Demoting the employee

Re-assigning the worker to a less-desirable job

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

Excluding the worker from vital office activities such as training sessions

What If a Business Denies a Leave of Absence?

While leave of absence laws differ from one state to another, there are a number of federally mandated laws that safeguard workers who need to take a prolonged duration of time off from work.

Under the Family Medical Leave Act (FMLA), companies need to offer unpaid leave time to employees with a certifying household or specific medical situation, such as leave for the birth or adoption of a child or delegate care for a partner, child, or parent with a major health condition. If certified, staff members 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 specific securities to present and previous uniformed service members who might need to be absent from civilian work for a certain amount of time in order to serve in the armed forces.

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

Firing a worker who took a leave of lack for the birth or adoption of their child without just cause

Demoting a worker who took a leave of lack to take care of a dying parent without simply cause

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

Retaliating against a current or previous service member who took a leave of absence to serve in the militaries

What Is Executive Compensation?

Executive settlement is the mix of base cash payment, deferred payment, efficiency perks, stock options, executive perks, severance bundles, and more, granted to high-level management employees. Executive settlement packages have come under increased analysis by regulative firms and investors alike. If you face a dispute during the negotiation of your executive pay plan, our lawyers may have the ability to assist you.

Why Should I Contact a Morgan & Morgan Employment Attorney?

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

In addition to our successful performance history of representing victims of labor and employment claims, our labor lawyers likewise represent staff members before administrative firms such as the Equal Job 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 dealt with incorrectly by a company or another worker, do not hesitate to call our office. To discuss your legal rights and choices, submit our totally free, no-obligation case evaluation kind now.

What Does a Work Attorney Do?

Documentation.
First, your appointed legal team will gather records connected to your claim, including your agreement, time sheets, and communications via e-mail or other work-related platforms.
These documents will assist your attorney understand the extent of your claim and construct your case for compensation.

Investigation.
Your lawyer and legal group will examine your office claim in great information to collect the needed evidence.
They will look at the documents you supply and may likewise take a look at work records, agreements, and other workplace data.

Negotiation.
Your lawyer will work out with the defense, outside of the courtroom, to assist get you the settlement you might be entitled to.
If settlement negotiations are unsuccessful, your lawyer is prepared to go to trial and present your case in the greatest possible type.

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