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Labor and Employment Attorneys

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– Protecting Families Since 1988.

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Were You Treated Unfairly While on the Job?

Morgan & Morgan’s work lawyers submit one of the most work lawsuits cases in the nation, consisting of those involving wrongful termination, discrimination, harassment, wage theft, employee misclassification, character assassination, retaliation, rejection of leave, and executive pay conflicts.

The workplace ought to be a safe location. Unfortunately, some workers go through unjust and prohibited conditions by deceitful companies. Workers might not understand what their rights in the workplace are, or might hesitate of speaking out versus their company in fear of retaliation. These labor violations can cause lost earnings and benefits, missed out on opportunities for advancement, and excessive stress.

Unfair and prejudiced labor practices versus staff members can take many types, including wrongful termination, discrimination, harassment, refusal to provide a reasonable accommodation, denial of leave, employer retaliation, and wage and hour infractions. Workers who are victim to these and other dishonest practices may not understand their rights, or may be scared to speak out against their company for fear of retaliation.

At Morgan & Morgan, our employment attorneys deal with a variety of civil lawsuits cases including unreasonable labor practices versus staff members. Our lawyers have the knowledge, dedication, and experience needed to represent employees in a wide range of labor disputes. In reality, Morgan & Morgan has actually been acknowledged for filing more labor and work cases than any other company.

If you believe you might have been the victim of unfair or prohibited treatment in the work environment, call us by finishing our totally free case evaluation kind.

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What Does Labor Law and Employment Law Cover?

Our practice represents people who have been the victim of:

Wrongful Termination.

Discrimination (e.g., sex, race, color, harassment, national origin, religious beliefs, age, and impairment).

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

Unfair Labor Practices (e.g., rejection of wages, overtime, tip pooling, and equal 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 staff members are release for reasons that are unreasonable or illegal. This is termed wrongful termination, wrongful discharge, or wrongful termination.

There are numerous situations that may be grounds for a wrongful termination suit, including:

Firing an employee out of retaliation.

Discrimination.

Firing a whistleblower.

Firing a worker who won’t do something prohibited for their employer.

If you believe you might have been fired without proper cause, our labor and work lawyers might have the ability to assist you recuperate back pay, unsettled incomes, and other types of payment.

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

It is unlawful to victimize a job applicant or employee on the basis of race, color, religion, sex, nationwide origin, disability, or age. However, some companies do just that, causing a hostile and inequitable office where some employees are dealt with more positively than others.

Workplace discrimination can take many kinds. Some examples consist of:

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

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

Not providing equivalent training chances for workers of various spiritual backgrounds.

Imposing task eligibility criteria that intentionally screens out individuals with impairments.

Firing somebody based on a protected classification.

What Are Some Examples of Workplace Harassment?

When workers are subjected to slurs, attacks, risks, ridicule, offensive jokes, undesirable sexual advances, or spoken or physical conduct of a sexual nature, it can be thought about workplace harassment. Similar to workplace discrimination, workplace harassment develops a hostile and abusive work environment.

Examples of office harassment consist of:

Making undesirable remarks about a worker’s look or body.

Telling a repulsive or sexual joke to a colleague.

Using slurs or racial epithets.

Making prejudicial declarations about an employee’s sexual orientation.

Making unfavorable comments about an employee’s faiths.

Making prejudicial statements about an employee’s birth place or household heritage.

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

Workplace harassment can likewise take the kind of quid pro quo harassment. This implies that the harassment results in an intangible modification in a worker’s work status. For instance, an employee may be required to tolerate sexual harassment from a manager as a condition of their continued employment.

Which Industries Have the Most Overtime and Minimum Wage Violations?

The Fair Labor Standards Act (FLSA) developed particular workers’ rights, consisting of 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 attempt to cut expenses by denying workers their rightful pay through deceiving techniques. This is called wage theft, and includes examples such as:

Paying a worker less than the federal base pay.

Giving a worker “comp time” or hours that can be utilized towards vacation or sick time, rather than overtime pay for hours worked over 40 in a work week.

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

Forcing workers to pay for tools of the trade or other costs that their company must pay.

Misclassifying a worker that must be paid overtime as “exempt” by promoting them to a “managerial” position without actually changing the employee’s job responsibilities.

A few of the most vulnerable professions to overtime and minimum wage violations consist of:

IT employees.

Service professionals.

Installers.

Sales agents.

Nurses and health care employees.

Tipped workers.

Oil and gas field employees.

Call center workers.

Personal bankers, home mortgage brokers, and AMLs.

Retail staff members.

Exotic dancers.

FedEx drivers.

Disaster relief workers.

Pizza shipment drivers.

What Is Employee Misclassification?

There are a number of differences between workers and self-employed employees, likewise referred to as independent contractors or experts. Unlike employees, who are informed when and where to work, guaranteed a regular wage amount, and entitled to staff member advantages, amongst other requirements, independent specialists generally 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 should file and keep their own taxes, too.

However, in current years, some companies have actually abused category by misclassifying bonafide employees as professionals in an effort to conserve cash and circumvent laws. This is most commonly seen among “gig economy” workers, such as rideshare chauffeurs and delivery motorists.

Some examples of misclassifications include:

Misclassifying an employee as an independent specialist to not have to comply with Equal Job opportunity Commission laws, which prevent work discrimination.

Misclassifying a worker to prevent registering them in a health advantages prepare.

Misclassifying employees to avoid paying out base pay.

How Is Defamation of Character Defined?

Defamation is normally specified as the act of harming the reputation of a person through slanderous (spoken) or defamatory (written) comments. When libel takes place in the workplace, it has the possible to damage team morale, create alienation, or perhaps cause long-term damage to a worker’s profession potential customers.

Employers are accountable for stopping hazardous gossiping amongst employees if it is a regular and known incident in the work environment. Defamation of character in the work environment may consist of instances such as:

An employer making damaging and unfounded claims, such as claims of theft or incompetence, towards a worker during an efficiency evaluation

A worker spreading a damaging report about another employee that triggers them to be denied for a job somewhere else

A staff member spreading gossip about an employee that triggers other colleagues to avoid them

What Is Considered Employer Retaliation?

It is prohibited for a business to punish a worker for submitting a complaint or claim against their employer. This is considered company retaliation. Although employees are legally secured against retaliation, it doesn’t stop some employers from penalizing a staff member who submitted a complaint in a variety of ways, such as:

Reducing the worker’s wage

Demoting the worker

Re-assigning the worker to a less-desirable task

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

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

What If a Business 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 workers who must take an extended time period off from work.

Under the Family Medical Leave Act (FMLA), employers should offer unpaid leave time to employees with a certifying household or specific medical situation, such as leave for employment the birth or adoption of a baby or delegate care for a partner, child, or moms and dad with a severe health condition. If certified, staff members are entitled to approximately 12 weeks of unsettled leave time under the FMLA without worry of threatening their job 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 absent from civilian work for a certain time period in order to serve in the militaries.

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

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

Demoting an employee who took a leave of lack to look after a dying 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 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 compensation, postponed compensation, performance benefits, stock options, executive perks, severance packages, and more, granted to top-level management workers. Executive compensation packages have actually come under increased examination by regulative companies and investors alike. If you deal with a dispute throughout the negotiation of your executive pay bundle, our lawyers may be able 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 employment claims for the people 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 companies 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 employment somebody you know might have been dealt with poorly by a company or another employee, do not think twice to call our workplace. To discuss your legal rights and choices, complete our totally free, no-obligation case review form now.

What Does an Employment Attorney Do?

Documentation.
First, employment your appointed legal group will gather records connected to your claim, including your contract, time sheets, and interactions by means of email or other work-related platforms.
These documents will help your lawyer comprehend the level of your claim and develop your case for settlement.

Investigation.
Your attorney and legal group will investigate your workplace claim in great information to collect the needed evidence.
They will look at the documents you offer and might also look at work records, contracts, and other work environment data.

Negotiation.
Your lawyer will work out with the defense, outside of the courtroom, to assist get you the compensation you might be entitled to.
If settlement negotiations are not successful, employment your lawyer is prepared to go to trial and present your case in the greatest possible form.

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