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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 practice ™.
– 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 work attorneys submit one of the most employment litigation cases in the country, consisting of those including wrongful termination, discrimination, harassment, wage theft, employee misclassification, libel, retaliation, denial of leave, and executive pay disagreements.
The work environment needs to be a safe location. Unfortunately, some employees undergo unreasonable and unlawful conditions by unethical companies. Workers may not understand what their rights in the work environment are, or may be scared of speaking up versus their employer in worry of retaliation. These labor violations can result in lost incomes and advantages, missed out on chances for advancement, and unnecessary tension.
Unfair and inequitable labor practices versus employees can take lots of kinds, consisting of wrongful termination, discrimination, harassment, rejection to provide a sensible lodging, denial of leave, employer retaliation, and wage and hour offenses. Workers who are victim to these and other dishonest practices may not know their rights, or might be afraid to speak up versus their company for worry of retaliation.
At Morgan & Morgan, our employment attorneys deal with a variety of civil litigation cases including unjust labor practices against workers. Our lawyers have the understanding, devotion, and experience needed to represent workers in a large range of labor disputes. In fact, Morgan & Morgan has actually been recognized for submitting more labor and work cases than any other company.
If you think you may have been the victim of unfair or prohibited treatment in the workplace, contact us by completing our free case assessment form.
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FAQ
Get the answer to frequently asked questions about our legal services and find out how we might help 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, nationwide origin, religion, age, and disability).
Harassment (e.g., Sexual Harassment, Hostile Work Environment).
Unfair Labor Practices (e.g., rejection of earnings, overtime, idea pooling, and equivalent 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 release for reasons that are unfair or unlawful. This is described wrongful termination, wrongful discharge, or wrongful dismissal.
There are numerous situations that might be premises for a wrongful termination suit, consisting of:
Firing an employee out of retaliation.
Discrimination.
Firing a whistleblower.
Firing a staff member who won’t do something illegal for their company.
If you think you might have been fired without proper cause, our labor and employment attorneys might be able to assist you recover back pay, overdue earnings, and other types of payment.
What Are the Most Common Forms of Workplace Discrimination?
It is prohibited to discriminate against a job candidate or worker on the basis of race, color, religious beliefs, referall.us sex, national origin, disability, or age. However, some companies do just that, resulting in a hostile and inequitable workplace where some employees are treated more favorably than others.
Workplace discrimination can take lots of forms. Some examples include:
to employ someone on the basis of their skin color.
Passing over a qualified female staff member for a promotion in favor of a male staff member with less experience.
Not providing equivalent training chances for employees of various religious backgrounds.
Imposing job eligibility requirements that deliberately screens out individuals with specials needs.
Firing someone based on a protected category.
What Are Some Examples of Workplace Harassment?
When employees go through slurs, assaults, risks, 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 produces a hostile and abusive work environment.
Examples of office harassment consist of:
Making unwanted remarks about a worker’s appearance or body.
Telling a vulgar or sexual joke to a colleague.
Using slurs or racial epithets.
Making prejudicial statements about an employee’s sexual preference.
Making negative comments about an employee’s religious beliefs.
Making prejudicial statements about an employee’s birthplace or family heritage.
Making negative remarks or jokes about the age of a worker over the age of 40.
Workplace harassment can also take the kind of quid pro quo harassment. This implies that the harassment leads to an intangible change in a worker’s employment status. For instance, an employee might be required to tolerate sexual harassment from a manager 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) developed specific workers’ rights, including the right to a minimum wage (set federally at $7.25 as of 2020) and overtime spend for all hours worked over 40 in a workweek for non-exempt staff members.
However, some employers attempt 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 minimum wage.
Giving an employee « comp time » or hours that can be used toward holiday or sick time, rather than overtime pay 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 employees to spend for tools of the trade or other expenditures that their company should pay.
Misclassifying a worker that must be paid overtime as « exempt » by promoting them to a « managerial » position without actually altering the employee’s task duties.
A few of the most susceptible occupations to overtime and minimum wage infractions consist of:
IT workers.
Service specialists.
Installers.
Sales representatives.
Nurses and healthcare employees.
Tipped staff members.
Oil and gas field workers.
Call center employees.
Personal bankers, mortgage brokers, and AMLs.
Retail staff members.
Exotic dancers.
FedEx motorists.
Disaster relief employees.
Pizza delivery motorists.
What Is Employee Misclassification?
There are a variety of distinctions in between employees and self-employed employees, also referred to as independent professionals or experts. Unlike workers, who are informed when and where to work, ensured a routine wage quantity, and entitled to staff member benefits, amongst other requirements, independent professionals generally deal with a short-term, agreement basis with a service, and are invoiced for their work. Independent contractors are not entitled to worker advantages, and need to submit and withhold their own taxes, also.
However, over the last few years, some employers have actually abused category by misclassifying bonafide staff members as professionals in an attempt to conserve money and prevent laws. This is most frequently seen among « gig economy » workers, such as rideshare drivers and delivery drivers.
Some examples of misclassifications consist of:
Misclassifying an employee as an independent specialist to not have to abide by Equal Employment Opportunity Commission laws, which avoid employment discrimination.
Misclassifying a worker to avoid enrolling them in a health benefits prepare.
Misclassifying workers to avoid paying minimum wage.
How Is Defamation of Character Defined?
Defamation is usually defined as the act of damaging the credibility of a person through slanderous (spoken) or defamatory (written) remarks. When libel occurs in the office, it has the prospective to harm group morale, develop alienation, and even trigger long-lasting damage to an employee’s career potential customers.
Employers are responsible for stopping damaging gossiping amongst staff members if it is a routine and known occurrence in the office. Defamation of character in the work environment may include instances such as:
A company making hazardous and unproven accusations, such as claims of theft or incompetence, towards a staff member during a performance review
An employee spreading a harmful report about another staff member that triggers them to be refused for a job elsewhere
A staff member spreading gossip about a worker that triggers other coworkers to prevent them
What Is Considered Employer Retaliation?
It is illegal for a business to punish an employee for filing a problem or lawsuit against their employer. This is thought about company retaliation. Although workers are legally protected against retaliation, it doesn’t stop some companies from punishing a worker who submitted a problem in a variety of methods, such as:
Reducing the worker’s wage
Demoting the employee
Re-assigning the employee to a less-desirable job
Re-assigning the employee to a shift that develops a work-family dispute
Excluding the employee from essential office 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 staff members who must take a prolonged period of time off from work.
Under the Family Medical Leave Act (FMLA), companies should use overdue leave time to employees with a qualifying household or private medical circumstance, such as leave for the birth or adoption of an infant or delegate look after a spouse, kid, or moms and dad with a major health condition. If qualified, workers are entitled to as much as 12 weeks of unpaid leave time under the FMLA without worry of threatening their task status.
The Uniformed Services Employment and Reemployment Rights Act (USERRA), on the other hand, assurances particular securities to current and former uniformed service members who may require to be missing from civilian employment for a specific period of time in order to serve in the armed forces.
Leave of lack can be unjustly denied in a variety of ways, including:
Firing a staff member who took a leave of lack for the birth or adoption of their infant without simply cause
Demoting a staff member who took a leave of absence to look after a passing away parent without just cause
Firing a re-employed service member who took a leave of lack to serve in the armed forces without simply cause
Retaliating versus an existing or previous service member who took a leave of absence to serve in the armed forces
What Is Executive Compensation?
Executive compensation is the mix of base money compensation, postponed settlement, efficiency bonus offers, stock choices, executive perks, severance packages, and more, awarded to top-level management employees. Executive payment plans have actually come under increased examination by regulatory firms and investors alike. If you deal with a conflict throughout the settlement of your executive pay package, our lawyers may be able to help you.
Why Should I Contact a Morgan & Morgan Employment Attorney?
The employment and labor lawyers at Morgan & Morgan have successfully pursued thousands of labor and work claims for the individuals who require it most.
In addition to our effective track record of representing victims of labor and work claims, our labor attorneys likewise represent workers before administrative firms 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 dealt with poorly by a company or another staff member, do not be reluctant to call our office. To discuss your legal rights and choices, fill out our free, no-obligation case review form now.
What Does an Employment Attorney Do?
Documentation.
First, your assigned legal group will collect records related to your claim, including your contract, time sheets, and interactions through e-mail or other job-related platforms.
These documents will help your attorney comprehend the level of your claim and build your case for compensation.
Investigation.
Your lawyer and legal team will investigate your workplace claim in terrific detail to collect the needed proof.
They will take a look at the documents you provide and may also take a look at employment records, contracts, and other workplace 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 not successful, your lawyer is prepared to go to trial and present your case in the greatest possible form.
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