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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 submit the a lot of 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 office ought to be a safe place. Unfortunately, some workers are subjected to unjust and unlawful conditions by deceitful companies. Workers may not know what their rights in the workplace are, or may be scared of speaking out against their employer in worry of retaliation. These labor offenses can result in lost earnings and advantages, missed out on opportunities for improvement, and undue tension.
Unfair and prejudiced labor practices against workers can take numerous kinds, consisting of wrongful termination, discrimination, harassment, rejection to offer a sensible lodging, denial of leave, employer retaliation, and wage and hour violations. Workers who are victim to these and other unethical practices may not know their rights, or may be scared to speak out against their company for worry of retaliation.
At Morgan & Morgan, our work attorneys deal with a variety of civil lawsuits cases involving unjust labor practices versus employees. Our lawyers possess the knowledge, commitment, and employment experience needed to represent employees in a large range of labor conflicts. In truth, Morgan & Morgan has been recognized for filing more labor and work cases than any other company.
If you think you might have been the victim of unjust or prohibited treatment in the office, call us by finishing our totally free case evaluation 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, national origin, faith, age, and special needs).
Harassment (e.g., Unwanted sexual advances, Hostile Work Environment).
Unfair Labor Practices (e.g., denial of salaries, overtime, idea 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 workers are let go for factors that are unfair or unlawful. This is called wrongful termination, wrongful discharge, or wrongful termination.
There are numerous situations that may be grounds for a wrongful termination claim, including:
Firing an employee out of retaliation.
Discrimination.
Firing a whistleblower.
Firing a worker who will not do something unlawful for their company.
If you think you might have been fired without proper cause, our labor and work lawyers might be able to help you recover back pay, unpaid salaries, and other types of compensation.
What Are one of the most Common Forms of Workplace Discrimination?
It is illegal to victimize a task applicant or worker on the basis of race, color, employment faith, sex, national origin, impairment, or age. However, some employers do just that, leading to a hostile and inequitable workplace where some employees are treated more favorably than others.
Workplace discrimination can take lots of forms. Some examples consist of:
Refusing to employ somebody on the basis of their skin color.
Passing over a certified female staff member for a promo in favor of a male employee with less experience.
Not supplying equivalent training opportunities for staff members of different religious backgrounds.
Imposing job eligibility requirements that intentionally screens out individuals with disabilities.
Firing somebody based on a protected classification.
What Are Some Examples of Workplace Harassment?
When workers undergo slurs, attacks, hazards, ridicule, offensive jokes, unwelcome sexual advances, or verbal or physical conduct of a sexual nature, it can be considered workplace harassment. Similar to workplace discrimination, workplace harassment produces a hostile and abusive work environment.
Examples of workplace harassment consist of:
Making undesirable comments about a worker's look or body.
Telling a repulsive or sexual joke to a coworker.
Using slurs or racial epithets.
Making prejudicial statements about an employee's sexual orientation.
Making negative remarks about a staff member's spiritual beliefs.
Making prejudicial declarations about a staff member's birthplace or household heritage.
Making unfavorable comments 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 means that the harassment results in an intangible modification in a worker's work status. For instance, a staff member may be forced to tolerate unwanted sexual advances 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 particular employees' rights, including the right to a minimum wage (set federally at $7.25 as of 2020) and overtime pay for all hours worked over 40 in a workweek for non-exempt workers.
However, some companies attempt to cut costs by rejecting workers their rightful pay through deceitful 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 used towards holiday or sick time, instead of overtime pay for hours worked over 40 in a work week.
Forcing tipped workers to pool their pointers with non-tipped employees, such as managers or cooks.
Forcing workers to pay for tools of the trade or other expenditures that their employer should pay.
Misclassifying an employee that must be paid overtime as "exempt" by promoting them to a "supervisory" position without really changing the worker's task responsibilities.
A few of the most vulnerable professions to overtime and base pay infractions include:
IT employees.
Service service technicians.
Installers.
Sales agents.
Nurses and health care workers.
Tipped employees.
Oil and gas field workers.
Call center workers.
Personal bankers, home mortgage brokers, and AMLs.
Retail staff members.
Strippers.
FedEx motorists.
Disaster relief employees.
Pizza delivery motorists.
What Is Employee Misclassification?
There are a variety of differences in between workers and self-employed workers, likewise referred to as independent professionals or consultants. Unlike employees, who are told when and where to work, guaranteed a routine wage amount, and entitled to employee advantages, to name a few requirements, independent professionals typically work on a short-term, agreement basis with an organization, and are invoiced for their work. Independent specialists are not entitled to staff member benefits, and must file and withhold their own taxes, too.
However, in recent years, some companies have abused classification by misclassifying bonafide workers as contractors in an effort to conserve cash and prevent laws. This is most typically seen amongst "gig economy" employees, such as rideshare drivers and delivery motorists.
Some examples of misclassifications include:
Misclassifying an employee as an independent specialist to not have to adhere to Equal Job opportunity Commission laws, which avoid work discrimination.
Misclassifying an employee to prevent enrolling them in a health advantages prepare.
Misclassifying employees to prevent paying out minimum wage.
How Is Defamation of Character Defined?
Defamation is usually specified as the act of harming the credibility of an individual through slanderous (spoken) or false (written) comments. When disparagement happens in the workplace, it has the possible to harm group morale, develop alienation, and even trigger long-lasting damage to a worker's profession potential customers.
Employers are accountable for putting a stop to harmful gossiping amongst employees if it is a routine and known incident in the office. Defamation of character in the workplace might consist of circumstances such as:
A company making hazardous and unproven allegations, such as claims of theft or incompetence, towards an employee throughout a performance evaluation
A worker spreading out a harmful report about another employee that causes them to be declined for a job somewhere else
An employee dispersing chatter about a worker that causes other coworkers to prevent them
What Is Considered Employer Retaliation?
It is illegal for a company to penalize an employee for submitting a grievance or claim against their company. This is thought about employer retaliation. Although workers are lawfully secured versus retaliation, it doesn't stop some employers from penalizing a staff member who filed a complaint in a range of methods, such as:
Reducing the worker's salary
Demoting the worker
Re-assigning the employee to a less-desirable task
Re-assigning the worker to a shift that produces a work-family dispute
Excluding the worker from important workplace 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 secure workers who should take a prolonged duration of time off from work.
Under the Family Medical Leave Act (FMLA), employment companies need to offer unpaid leave time to workers with a qualifying family or specific medical scenario, such as leave for the birth or adoption of a child or leave to look after a spouse, kid, or parent with a serious health condition. If certified, staff members are entitled to approximately 12 weeks of unsettled leave time under the FMLA without worry of endangering their job status.
The Uniformed Services Employment and Reemployment Rights Act (USERRA), on the other hand, assurances certain protections to current and previous uniformed service members who may need to be missing from civilian work for a specific amount of time in order to serve in the armed forces.
Leave of absence can be unfairly denied in a number of methods, consisting of:
Firing a staff member who took a leave of absence for the birth or adoption of their infant without simply cause
Demoting a worker who took a leave of lack to look after a passing away moms and dad without simply cause
Firing a re-employed service member who took a leave of absence to serve in the armed forces without just cause
Retaliating against an existing or previous service member who took a leave of lack to serve in the militaries
What Is Executive Compensation?
Executive compensation is the combination of base cash compensation, postponed settlement, efficiency rewards, stock choices, executive benefits, severance plans, and more, awarded to top-level management employees. Executive compensation plans have come under increased scrutiny by regulative firms and shareholders alike. If you deal with a disagreement throughout the negotiation of your executive pay bundle, our attorneys may be able to assist you.
Why Should I Contact a Morgan & Morgan Employment Attorney?
The employment and labor attorneys at Morgan & Morgan have successfully pursued thousands of labor and work claims for individuals who require it most.
In addition to our effective track record of representing victims of labor and employment claims, our labor lawyers also represent employees 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 know might have been dealt with incorrectly by an employer or another worker, do not be reluctant to contact our office. To discuss your legal rights and choices, fill out our complimentary, no-obligation case review type now.
What Does an Employment Attorney Do?
Documentation.
First, your assigned legal team will collect records related to your claim, including your contract, time sheets, and communications through email or other work-related platforms.
These documents will assist your attorney understand the degree of your claim and construct your case for compensation.
Investigation.
Your lawyer and legal team will examine your office claim in excellent information to collect the required proof.
They will take a look at the documents you offer and might likewise take a look at employment records, agreements, and other office data.
Negotiation.
Your lawyer will negotiate with the defense, outside of the courtroom, to help get you the compensation you may be entitled to.
If settlement negotiations are unsuccessful, your lawyer is prepared to go to trial and present your case in the greatest possible form.
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