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Labor and Employment Attorneys


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Were You Treated Unfairly While on the Job?


Morgan & Morgan's work attorneys file one of the most employment litigation cases in the country, including those including wrongful termination, discrimination, harassment, wage theft, employee misclassification, character assassination, retaliation, rejection of leave, and executive pay disputes.


The workplace needs to be a safe place. Unfortunately, some employees undergo unreasonable and unlawful conditions by unethical employers. Workers might not understand what their rights in the workplace are, or might be afraid of speaking up against their company in fear of retaliation. These labor offenses can result in lost incomes and advantages, missed out on chances for improvement, and excessive stress.


Unfair and discriminatory labor practices versus workers can take many types, consisting of wrongful termination, discrimination, harassment, refusal to offer an affordable accommodation, denial of leave, employer retaliation, and wage and hour violations. Workers who are victim to these and other dishonest practices might not know their rights, or may hesitate to speak out against their company for fear of retaliation.


At Morgan & Morgan, our employment attorneys manage a range of civil litigation cases including unreasonable labor practices versus staff members. Our attorneys possess the understanding, commitment, and experience required to represent workers in a vast array of labor conflicts. In fact, Morgan & Morgan has been recognized for submitting more labor and employment cases than any other firm.


If you think you might have been the victim of unjust or unlawful treatment in the workplace, call us by finishing our free case examination form.


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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, religious beliefs, age, and impairment).

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

Unfair Labor Practices (e.g., denial of incomes, overtime, suggestion 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 staff members are let go for factors that are unreasonable or illegal. This is described wrongful termination, wrongful discharge, or wrongful termination.


There are lots of circumstances that may be premises for a wrongful termination lawsuit, consisting of:


Firing a staff member out of retaliation.

Discrimination.

Firing a whistleblower.

Firing a worker who won't do something unlawful for their employer.


If you believe you might have been fired without correct cause, our labor and work attorneys may have the ability to assist you recover back pay, unpaid wages, and other forms of compensation.


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


It is prohibited to discriminate versus a job candidate or employee on the basis of race, color, faith, sex, nationwide origin, special needs, or age. However, some employers do simply that, leading to a hostile and inequitable workplace where some workers are dealt with more favorably than others.


Workplace discrimination can take many kinds. Some examples include:


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

Passing over a qualified female staff member for a promo in favor of a male worker with less experience.

Not supplying equal training opportunities for staff members of different spiritual backgrounds.

Imposing job eligibility requirements that intentionally evaluates out people with specials needs.

Firing somebody based upon a safeguarded classification.


What Are Some Examples of Workplace Harassment?


When employees go through slurs, assaults, threats, ridicule, offending jokes, unwelcome 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 abusive work environment.


Examples of workplace harassment include:


Making unwanted comments about a worker's appearance or body.

Telling a repulsive or sexual joke to a coworker.

Using slurs or racial epithets.

Making prejudicial statements about an employee's sexual preference.

Making negative comments about a worker's religions.

Making prejudicial statements about a staff member's birth place or household heritage.

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


Workplace harassment can likewise take the form of quid professional quo harassment. This suggests that the harassment leads to an intangible modification in a worker's employment status. For example, an employee may be forced to endure sexual harassment from a manager as a condition of their continued work.


Which Industries Have one of the most Overtime and Minimum Wage Violations?


The Fair Labor Standards Act (FLSA) developed particular workers' 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 costs by denying employees their rightful pay through deceiving techniques. This is called wage theft, and consists of examples such as:


Paying a worker less than the federal minimum wage.

Giving a worker "comp time" or hours that can be utilized towards trip or sick time, rather than overtime spend for hours worked over 40 in a work week.

Forcing tipped workers to pool their pointers with non-tipped workers, such as managers or cooks.

Forcing employees to pay for tools of the trade or other costs that their employer need to pay.

Misclassifying a worker that ought to be paid overtime as "exempt" by promoting them to a "managerial" position without in fact altering the employee's job duties.


Some of the most susceptible occupations to overtime and minimum wage offenses consist of:


IT workers.

Service technicians.

Installers.

Sales agents.

Nurses and healthcare workers.

Tipped staff members.

Oil and gas field workers.

Call center workers.

Personal bankers, mortgage brokers, and AMLs.

Retail workers.

Strippers.

FedEx drivers.

Disaster relief workers.

Pizza delivery chauffeurs.


What Is Employee Misclassification?


There are a variety of differences in between staff members and self-employed workers, likewise called independent contractors or consultants. Unlike employees, who are informed when and where to work, employment guaranteed a regular wage amount, and entitled to worker benefits, to name a few criteria, independent professionals typically deal with a short-term, contract basis with a service, and are invoiced for their work. Independent specialists are not entitled to worker benefits, and should submit and keep their own taxes, too.


However, recently, some companies have actually abused category by misclassifying bonafide workers as professionals in an effort to save money and circumvent laws. This is most typically seen among "gig economy" workers, such as rideshare motorists and shipment motorists.


Some examples of misclassifications include:


Misclassifying an employee as an independent professional to not need to comply with Equal Employment Opportunity Commission laws, which avoid employment discrimination.

Misclassifying an employee to prevent registering them in a health benefits plan.

Misclassifying employees to prevent paying base pay.


How Is Defamation of Character Defined?


Defamation is usually defined as the act of harming the credibility of a person through slanderous (spoken) or disparaging (written) remarks. When libel occurs in the office, it has the possible to hurt group spirits, develop alienation, or perhaps trigger long-lasting damage to a worker's profession prospects.


Employers are accountable for putting a stop to hazardous gossiping among staff members if it is a routine and recognized occurrence in the workplace. Defamation of character in the workplace may consist of instances such as:


A company making hazardous and unfounded allegations, such as claims of theft or incompetence, toward an employee during an efficiency evaluation

A staff member spreading out a damaging report about another employee that causes them to be refused for a task somewhere else

A worker spreading gossip about a worker that triggers other colleagues to prevent them


What Is Considered Employer Retaliation?


It is unlawful for a company to penalize an employee for submitting a grievance or claim versus their company. This is thought about employer retaliation. Although employees are lawfully protected against retaliation, it does not stop some companies from punishing a worker who submitted a complaint in a variety of methods, such as:


Reducing the worker's wage

Demoting the worker

Re-assigning the worker to a less-desirable job

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

Excluding the worker from vital work environment activities such as training sessions


What If a Company 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 must take an extended time period off from work.


Under the Family Medical Leave Act (FMLA), employers must offer unsettled leave time to workers with a certifying household or individual medical scenario, such as leave for the birth or adoption of a baby or delegate care for a partner, kid, or parent with a major health condition. If qualified, employees are entitled to up to 12 weeks of unsettled leave time under the FMLA without worry of jeopardizing their job status.


The Uniformed Services Employment and Reemployment Rights Act (USERRA), on the other hand, assurances specific securities to current and previous uniformed service members who might need to be missing from civilian employment for a specific time period in order to serve in the militaries.


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


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

Demoting a staff member who took a leave of absence to take care of a dying parent without simply cause

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

Retaliating versus a present or previous service member who took a leave of lack to serve in the militaries


What Is Executive Compensation?


Executive payment is the mix of base money payment, delayed payment, performance bonus offers, stock options, executive benefits, severance packages, and more, awarded to high-level management employees. Executive settlement bundles have actually come under increased examination by regulatory firms and shareholders alike. If you deal with a conflict throughout the negotiation of your executive pay bundle, 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 effectively pursued thousands of labor and work claims for the individuals who require it most.


In addition to our effective performance history of representing victims of labor and work 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 know might 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 options, fill out our totally free, no-obligation case evaluation form now.


What Does a Work Attorney Do?


Documentation.
First, your assigned legal group will collect records connected to your claim, including your contract, time sheets, and communications by means of e-mail or other work-related platforms.
These files will assist your attorney understand employment the level of your claim and build your case for payment.


Investigation.
Your attorney and legal team will investigate your work environment claim in fantastic information to gather the required proof.
They will look at the files you provide and may also take a look at work records, contracts, and other workplace data.


Negotiation.
Your lawyer will work out with the defense, outside of the courtroom, employment to help get you the payment you may be entitled to.
If settlement negotiations are unsuccessful, your attorney is prepared to go to trial and present your case in the greatest possible kind.


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