Labor And Employment Attorneys

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Labor and Employment Attorneys

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Were You Treated Unfairly While on the Job?

Morgan & Morgan's work lawyers file the many work lawsuits cases in the country, including those including wrongful termination, discrimination, harassment, wage theft, worker misclassification, libel, retaliation, denial of leave, and executive pay conflicts.

The work environment must be a safe location. Unfortunately, some workers undergo unfair and unlawful conditions by unscrupulous employers. Workers might not know what their rights in the workplace are, or might hesitate of speaking out against their company in fear of retaliation. These labor infractions can result in lost incomes and benefits, missed out on chances for development, and excessive stress.

Unfair and prejudiced labor practices versus employees can take lots of forms, including wrongful termination, discrimination, harassment, refusal to offer an affordable accommodation, rejection of leave, employer retaliation, and wage and hour infractions. Workers who are victim to these and other dishonest practices might not know their rights, or might be afraid to speak up against their company for worry of retaliation.

At Morgan & Morgan, our employment lawyers handle a variety of civil litigation cases involving unfair labor practices against employees. Our attorneys have the knowledge, devotion, and experience needed to represent workers in a vast array of labor conflicts. In fact, Morgan & Morgan has been acknowledged for submitting more labor and work cases than any other firm.

If you think you may have been the victim of unfair or unlawful treatment in the office, contact us by finishing our complimentary case examination form.

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How it works

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Submit.
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Step 2

We take.
action

Our devoted team gets to work examining your claim.

Step 3

We battle.
for you

If we handle the case, our group battles to get you the outcomes you should have.

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Results may differ depending on your specific truths and legal circumstances.

FAQ

Get responses to typically 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, religious beliefs, age, and special needs).

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

Unfair Labor Practices (e.g., rejection of salaries, 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 employees are let go for factors that are unjust or illegal. This is described wrongful termination, wrongful discharge, or wrongful dismissal.

There are numerous situations that might be premises for a wrongful termination lawsuit, including:

Firing a worker out of retaliation.

Discrimination.

Firing a whistleblower.

Firing an employee who won't do something prohibited for their company.

If you believe you may have been fired without proper cause, our labor and work lawyers may be able to help you recuperate back pay, unsettled earnings, and other forms of payment.

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

It is illegal to victimize a job candidate or staff member on the basis of race, color, religious beliefs, sex, national origin, disability, or age. However, some companies do just that, causing a hostile and inequitable work environment where some workers are treated more positively than others.

Workplace discrimination can take many forms. Some examples include:

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

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

Not supplying equal training chances for employees of different religious backgrounds.

Imposing job eligibility criteria that deliberately evaluates out individuals with impairments.

Firing somebody based upon a safeguarded category.

What Are Some Examples of Workplace Harassment?

When workers undergo slurs, assaults, dangers, ridicule, offending jokes, unwanted sexual advances, or verbal or physical conduct of a sexual nature, it can be thought about workplace harassment. Similar to workplace discrimination, workplace harassment produces a hostile and abusive work environment.

Examples of workplace harassment include:

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

Telling a vulgar or sexual joke to a colleague.

Using slurs or employment racial epithets.

Making prejudicial declarations about a worker's sexual orientation.

Making negative comments about a staff member's religious beliefs.

Making prejudicial declarations about a worker's birthplace or household heritage.

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

Workplace harassment can also take the form of quid professional quo harassment. This means that the harassment leads to an intangible modification in a worker's work status. For instance, a worker might be required to tolerate unwanted sexual advances from a manager as a condition of their continued work.

Which Industries Have one of the most Overtime and Base Pay Violations?

The Fair Labor Standards Act (FLSA) established certain 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 staff members.

However, some companies attempt to cut costs by denying workers 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 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 tips with non-tipped employees, such as managers or cooks.

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

Misclassifying an employee that must be paid overtime as "exempt" by promoting them to a "managerial" position without really altering the worker's task duties.

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

IT workers.

Service service technicians.

Installers.

Sales agents.

Nurses and healthcare employees.

Tipped workers.

Oil and gas field workers.

Call center workers.

Personal lenders, mortgage brokers, and AMLs.

Retail workers.

Exotic dancers.

FedEx chauffeurs.

Disaster relief workers.

Pizza shipment drivers.

What Is Employee Misclassification?

There are a variety of distinctions in between workers and self-employed workers, also referred to as independent professionals or experts. Unlike staff members, who are informed when and where to work, guaranteed a regular wage quantity, and entitled to worker advantages, among other criteria, 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 staff member advantages, and need to submit and keep their own taxes, as well.

However, recently, some companies have actually abused category by misclassifying bonafide staff members as professionals in an effort to conserve money and prevent laws. This is most frequently seen amongst "gig economy" workers, such as rideshare chauffeurs and delivery motorists.

Some examples of misclassifications include:

Misclassifying a worker as an independent contractor to not need to adhere to Equal Employment Opportunity Commission laws, which avoid work discrimination.

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

Misclassifying workers to prevent paying out minimum wage.

How Is Defamation of Character Defined?

Defamation is typically defined as the act of damaging the credibility of a person through slanderous (spoken) or defamatory (written) remarks. When defamation occurs in the office, it has the prospective to damage team morale, create alienation, or even trigger long-lasting damage to a worker's profession potential customers.

Employers are responsible for putting a stop to harmful gossiping amongst employees if it is a regular and known occurrence in the workplace. Defamation of character in the workplace may include circumstances such as:

A company making harmful and unproven claims, such as claims of theft or incompetence, toward a worker during an efficiency evaluation

A staff member spreading out a hazardous report about another staff member that triggers them to be rejected for a job in other places

A staff member dispersing gossip about an employee that causes other coworkers to avoid them

What Is Considered Employer Retaliation?

It is prohibited for a company to penalize an employee for submitting a complaint or lawsuit versus their company. This is thought about employer retaliation. Although workers are lawfully safeguarded against retaliation, it doesn't stop some employers from punishing a staff member who filed a complaint in a variety of ways, such as:

Reducing the worker's salary

Demoting the employee

Re-assigning the worker to a less-desirable task

Re-assigning the worker to a shift that produces a work-family dispute

Excluding the worker from necessary workplace 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 protect staff members who must take a prolonged period of time off from work.

Under the Family Medical Leave Act (FMLA), employers must provide overdue leave time to workers with a qualifying family or private medical situation, such as leave for the birth or adoption of an infant or delegate care for a spouse, child, or employment parent with a major health condition. If qualified, employees are entitled to up to 12 weeks of overdue leave time under the FMLA without worry of endangering their task status.

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

Leave of absence can be unfairly rejected in a variety of methods, including:

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

Demoting a staff member who took a leave of lack to look after a dying moms and dad without just cause

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

Retaliating against a current or former service member who took a leave of absence to serve in the armed forces

What Is Executive Compensation?

Executive settlement is the combination of base cash settlement, postponed settlement, efficiency bonus offers, stock choices, executive advantages, severance packages, and more, awarded to top-level management employees. Executive compensation packages have come under increased examination by regulatory companies and investors alike. If you deal with a disagreement during the negotiation of your executive pay bundle, our lawyers might have the ability to help 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 the people who require it most.

In addition to our effective performance history of representing victims of labor and employment claims, our labor lawyers also represent staff members before administrative agencies 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 treated improperly by a company or another employee, do not be reluctant to contact our workplace. To discuss your legal rights and choices, fill out our totally free, no-obligation case evaluation type now.

What Does an Employment Attorney Do?

Documentation.
First, your designated legal group will gather records connected to your claim, including your agreement, time sheets, and communications via email or other work-related platforms.
These files will assist your lawyer comprehend the degree of your claim and construct your case for settlement.

Investigation.
Your lawyer and legal team will examine your office claim in fantastic detail to collect the required proof.
They will look at the files you supply and may likewise take a look at work records, agreements, and other workplace information.

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

Labor And Employment Attorneys

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