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Labor and Employment Attorneys
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Were You Treated Unfairly While on the Job?
Morgan & Morgan's employment lawyers file one of the most work lawsuits cases in the country, consisting of those including wrongful termination, discrimination, harassment, wage theft, employee misclassification, defamation, retaliation, denial of leave, and executive pay disagreements.
The work environment needs to be a safe place. Unfortunately, some workers go through unfair and illegal conditions by unscrupulous employers. Workers might not understand what their rights in the workplace are, or may hesitate of speaking out against their employer in fear of retaliation. These labor offenses can result in lost salaries and benefits, missed out on chances for advancement, and excessive stress.
Unfair and discriminatory labor practices versus employees can take lots of kinds, including wrongful termination, discrimination, harassment, rejection to offer an affordable lodging, denial of leave, company retaliation, and wage and hour violations. Workers who are victim to these and other dishonest practices may not know their rights, employment or may be afraid to speak out against their employer for worry of retaliation.
At Morgan & Morgan, our employment attorneys deal with a range of civil litigation cases including unfair labor practices against workers. Our lawyers have the understanding, devotion, and experience needed to represent employees in a wide variety of labor disagreements. In fact, Morgan & Morgan has actually been acknowledged for filing more labor and work cases than any other company.
If you believe you may have been the victim of unfair or prohibited treatment in the office, 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 individuals who have been the victim of:
Wrongful Termination.
Discrimination (e.g., sex, race, color, harassment, nationwide origin, faith, age, and impairment).
Harassment (e.g., Sexual Harassment, Hostile Work Environment).
Unfair Labor Practices (e.g., rejection of earnings, 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 factors that are unjust or prohibited. This is called wrongful termination, wrongful discharge, or wrongful dismissal.
There are many circumstances that might be grounds for a wrongful termination suit, including:
Firing a staff member 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 employment lawyers might be able to assist you recover back pay, unpaid salaries, and other forms of settlement.
What Are the Most Common Forms of Workplace Discrimination?
It is illegal to discriminate versus a job applicant or staff member on the basis of race, color, faith, sex, nationwide origin, disability, or age. However, some employers do simply that, leading to a hostile and inequitable work environment where some workers are treated more positively than others.
Workplace discrimination can take numerous types. Some examples include:
Refusing to hire someone on the basis of their skin color.
Passing over a certified female worker for a promotion in favor of a male employee with less experience.
Not offering equivalent training opportunities for employees of various spiritual backgrounds.
Imposing task eligibility criteria that intentionally evaluates out individuals with specials needs.
Firing somebody based on a secured classification.
What Are Some Examples of Workplace Harassment?
When employees undergo slurs, assaults, hazards, ridicule, offending jokes, unwelcome sexual advances, or spoken or physical conduct of a sexual nature, it can be considered workplace harassment. Similar to workplace discrimination, workplace harassment produces a hostile and violent work environment.
Examples of work environment harassment consist of:
Making undesirable comments about a worker's appearance or body.
Telling a repulsive or sexual joke to a colleague.
Using slurs or racial epithets.
Making prejudicial statements about an employee's sexual orientation.
Making unfavorable comments about a worker's faiths.
Making prejudicial statements about a worker's birthplace or family heritage.
Making unfavorable remarks or jokes about the age of a staff member over the age of 40.
Workplace harassment can likewise take the form of quid professional quo harassment. This indicates that the harassment leads to an intangible change in an employee's employment status. For instance, a staff member may be forced to endure 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) established particular workers' rights, including the right to a minimum wage (set federally at $7.25 since 2020) and overtime pay for all hours worked over 40 in a workweek for non-exempt workers.
However, some employers try to cut costs by rejecting workers their rightful pay through deceiving methods. 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 used toward trip or sick time, employment instead of overtime pay for hours worked over 40 in a work week.
Forcing tipped employees to pool their tips with non-tipped employees, such as supervisors or cooks.
Forcing employees to pay for tools of the trade or other expenditures that their company ought to pay.
Misclassifying a worker that ought to be paid overtime as "exempt" by promoting them to a "managerial" position without actually altering the employee's job tasks.
Some of the most susceptible occupations to overtime and minimum wage infractions consist of:
IT employees.
Service technicians.
Installers.
Sales representatives.
Nurses and health care employees.
Tipped workers.
Oil and gas field workers.
Call center employees.
Personal bankers, home mortgage brokers, and AMLs.
Retail staff members.
Exotic dancers.
FedEx drivers.
Disaster relief workers.
Pizza delivery drivers.
What Is Employee Misclassification?
There are a variety of distinctions between employees and self-employed workers, also called independent specialists or specialists. Unlike employees, who are told when and where to work, ensured a routine wage quantity, and entitled to staff member advantages, among other requirements, independent contractors generally deal with a short-term, agreement basis with a service, and are invoiced for their work. Independent professionals are not entitled to worker benefits, and must file and keep their own taxes, too.
However, in recent years, some companies have abused category by misclassifying bonafide employees as specialists in an attempt to conserve cash and prevent laws. This is most commonly seen among "gig economy" employees, such as rideshare chauffeurs and shipment chauffeurs.
Some examples of misclassifications include:
Misclassifying a worker as an independent professional to not need to comply with Equal Job opportunity Commission laws, which prevent work discrimination.
Misclassifying an employee to prevent registering them in a health benefits prepare.
Misclassifying workers to avoid paying out base pay.
How Is Defamation of Character Defined?
Defamation is normally defined as the act of damaging the reputation of a person through slanderous (spoken) or defamatory (written) comments. When disparagement takes place in the work environment, it has the prospective to hurt group spirits, create alienation, or perhaps trigger long-term damage to a worker's career potential customers.
Employers are accountable for putting a stop to damaging gossiping among staff members if it is a routine and known incident in the work environment. Defamation of character in the office might consist of circumstances such as:
A company making harmful and unproven allegations, such as claims of theft or incompetence, towards a staff member during an efficiency review
An employee spreading out a harmful rumor about another worker that causes them to be denied for a job in other places
An employee spreading gossip about a worker that triggers other colleagues to avoid them
What Is Considered Employer Retaliation?
It is unlawful for a business to punish a worker for submitting a problem or lawsuit versus their company. This is considered employer retaliation. Although workers are legally secured against retaliation, it doesn't stop some companies from punishing a staff member who submitted a complaint in a range of ways, such as:
Reducing the worker's wage
Demoting the employee
Re-assigning the worker to a less-desirable task
Re-assigning the employee to a shift that develops a work-family dispute
Excluding the employee from vital 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 safeguard workers who should take an extended amount of time off from work.
Under the Family Medical Leave Act (FMLA), companies must offer overdue leave time to workers with a certifying household or private medical situation, such as leave for the birth or adoption of a baby or delegate look after a partner, child, or parent with a serious health condition. If qualified, workers are entitled to up to 12 weeks of unsettled leave time under the FMLA without fear of threatening their job status.
The Uniformed Services Employment and Reemployment Rights Act (USERRA), on the other hand, warranties particular protections to present and former uniformed service members who may need to be absent from civilian work for a certain amount of time in order to serve in the militaries.
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 child without just cause
Demoting an employee who took a leave of lack to take care of a dying parent 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 former service member who took a leave of absence to serve in the militaries
What Is Executive Compensation?
Executive settlement is the combination of base money settlement, postponed compensation, efficiency rewards, stock alternatives, executive benefits, severance plans, and more, awarded to high-level management workers. Executive payment packages have actually come under increased examination by regulative companies and shareholders alike. If you face a dispute throughout the negotiation of your executive pay package, our lawyers may have the ability to help 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 the people who need it most.
In addition to our effective track record of representing victims of labor and work claims, our labor lawyers also represent workers 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 somebody you know might have been dealt with incorrectly by a company or another worker, do not think twice to call our office. To discuss your legal rights and choices, fill out our totally free, no-obligation case evaluation type now.
What Does a Work Attorney Do?
Documentation.
First, your designated legal group will collect records related to your claim, including your contract, time sheets, and interactions through email or other job-related platforms.
These documents will assist your lawyer understand the extent of your claim and develop your case for compensation.
Investigation.
Your lawyer and legal group will investigate your work environment claim in fantastic detail to collect the necessary evidence.
They will take a look at the documents you provide and may also look at employment records, agreements, and other workplace information.
Negotiation.
Your lawyer will negotiate with the defense, outside of the courtroom, to assist get you the payment 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 kind.
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Labor And Employment Attorneys
Adalberto Goodwin edited this page 2 months ago