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Labor and Employment Attorneys

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– The Fee Is Free Unless You Win ®

. -America’s Largest Injury Law practice ™.

– Protecting Families Since 1988.

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Were You Treated Unfairly While on the Job?

Morgan & Morgan’s work the most work lawsuits cases in the nation, consisting of those including wrongful termination, discrimination, harassment, wage theft, worker misclassification, disparagement, retaliation, rejection of leave, and executive pay disagreements.

The workplace ought to be a safe location. Unfortunately, some employees are subjected to unreasonable and illegal conditions by unethical employers. Workers may not know what their rights in the office are, or may be afraid of speaking out versus their employer in fear of retaliation. These labor offenses can result in lost salaries and benefits, missed out on opportunities for employment development, and unnecessary stress.

Unfair and inequitable labor practices against employees can take numerous kinds, consisting of wrongful termination, discrimination, harassment, rejection to give an affordable accommodation, denial of leave, employer retaliation, and wage and hour violations. Workers who are victim to these and other unethical practices might not know their rights, or might hesitate to speak up against their employer for fear of retaliation.

At Morgan & Morgan, our employment lawyers handle a range of civil litigation cases involving unreasonable labor practices against staff members. Our attorneys have the knowledge, dedication, and experience required to represent workers in a large range of labor disagreements. In reality, Morgan & Morgan has been acknowledged for submitting more labor and employment cases than any other company.

If you believe you may have been the victim of unjust or illegal treatment in the office, call us by completing our free case assessment type.

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Step 3

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If we handle the case, our group fights to get you the outcomes you deserve.

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FAQ

Get responses to frequently asked questions about our legal services and find out how we may help you with your case.

What Does Labor Law and Employment Law Cover?

Our practice represents people who have actually been the victim of:

Wrongful Termination.

Discrimination (e.g., sex, race, color, harassment, national origin, faith, age, and special needs).

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

Unfair Labor Practices (e.g., rejection of wages, overtime, pointer pooling, and equivalent 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 release for factors that are unfair or unlawful. This is termed wrongful termination, wrongful discharge, or wrongful termination.

There are lots of scenarios that may be grounds for a wrongful termination suit, consisting of:

Firing an employee out of retaliation.

Discrimination.

Firing a whistleblower.

Firing a worker who will not do something illegal for their employer.

If you believe you may have been fired without appropriate cause, our labor and employment attorneys may be able to help you recuperate back pay, overdue wages, and other forms of payment.

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

It is unlawful to discriminate versus a job candidate or worker on the basis of race, color, religion, sex, national origin, special needs, or age. However, some companies do simply that, leading to a hostile and inequitable office where some employees are treated more positively than others.

Workplace discrimination can take lots of types. Some examples include:

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

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

Not providing equal training chances for staff members of various religious backgrounds.

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

Firing somebody based on a protected category.

What Are Some Examples of Workplace Harassment?

When employees undergo slurs, attacks, risks, ridicule, offending jokes, undesirable sexual advances, or spoken or physical conduct of a sexual nature, it can be thought about workplace harassment. Similar to workplace discrimination, office harassment creates a hostile and abusive workplace.

Examples of workplace harassment consist of:

Making unwelcome remarks about an employee’s appearance or body.

Telling a vulgar or sexual joke to a coworker.

Using slurs or racial epithets.

Making prejudicial declarations about an employee’s sexual orientation.

Making unfavorable remarks about an employee’s religious beliefs.

Making prejudicial statements about an employee’s birth place 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 pro quo harassment. This means that the harassment leads to an intangible modification in a worker’s work status. For example, a worker may be forced to tolerate sexual harassment from a supervisor 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 employees.

However, some companies attempt to cut expenses by denying workers their rightful pay through deceitful 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 getaway or sick time, instead of overtime pay for hours worked over 40 in a work week.

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

Forcing workers to pay for tools of the trade or other expenses that their company ought to pay.

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

Some of the most vulnerable occupations to overtime and base pay offenses consist of:

IT employees.

Service service technicians.

Installers.

Sales agents.

Nurses and healthcare workers.

Tipped workers.

Oil and gas field employees.

Call center employees.

Personal lenders, home mortgage brokers, and AMLs.

Retail workers.

Exotic dancers.

FedEx motorists.

Disaster relief employees.

Pizza delivery drivers.

What Is Employee Misclassification?

There are a number of distinctions between workers and self-employed workers, also referred to as independent specialists or consultants. Unlike staff members, who are informed when and where to work, ensured a routine wage quantity, and entitled to staff member benefits, to name a few criteria, independent contractors generally deal with a short-term, agreement basis with a company, and are invoiced for their work. Independent contractors are not entitled to staff member advantages, and need to file and keep their own taxes, as well.

However, over the last few years, some employers have abused category by misclassifying bonafide employees as professionals in an effort to conserve cash and prevent laws. This is most frequently seen among “gig economy” employees, such as rideshare chauffeurs and delivery drivers.

Some examples of misclassifications include:

Misclassifying an employee as an independent professional to not need to abide by Equal Job opportunity Commission laws, employment which prevent employment discrimination.

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

Misclassifying workers to avoid paying out base pay.

How Is Defamation of Character Defined?

Defamation is normally specified as the act of harming the reputation of an individual through slanderous (spoken) or libelous (written) remarks. When disparagement happens in the workplace, it has the possible to harm group spirits, produce alienation, or even trigger long-lasting damage to an employee’s career potential customers.

Employers are responsible for putting a stop to damaging gossiping among employees if it is a routine and known occurrence in the workplace. Defamation of character in the office may include instances such as:

An employer making harmful and unproven accusations, such as claims of theft or incompetence, towards an employee during an efficiency evaluation

A staff member spreading out a damaging report about another employee that causes them to be rejected for a job in other places

A worker dispersing gossip about a worker that triggers other coworkers to prevent them

What Is Considered Employer Retaliation?

It is illegal for a company to penalize a worker for submitting a grievance or suit against their employer. This is thought about employer retaliation. Although workers are legally safeguarded against retaliation, it doesn’t stop some employers from punishing an employee who filed a complaint in a variety of methods, such as:

Reducing the employee’s income

Demoting the employee

Re-assigning the worker to a less-desirable job

Re-assigning the employee 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 absence laws differ from one state to another, there are a variety of federally mandated laws that protect staff members who should take an extended amount of time off from work.

Under the Family Medical Leave Act (FMLA), companies must use unsettled leave time to workers with a qualifying household or private medical situation, such as leave for the birth or adoption of a child or leave to care for a spouse, kid, or parent with a serious health condition. If certified, employees are entitled to as much as 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, warranties certain securities to existing and former uniformed service members who might require to be absent from civilian work for a particular amount of time in order to serve in the militaries.

Leave of absence can be unjustly rejected in a variety of methods, consisting of:

Firing an employee who took a leave of lack for the birth or adoption of their infant without simply cause

Demoting an employee who took a leave of lack to look after a passing away moms and dad without just cause

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

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

What Is Executive Compensation?

Executive compensation is the mix of base cash settlement, postponed compensation, performance rewards, stock options, executive advantages, severance bundles, and more, awarded to top-level management workers. Executive compensation plans have come under increased examination by regulative firms and investors alike. If you face a dispute during the negotiation of your executive pay package, our attorneys might be able to help you.

Why Should I Contact a Morgan & Morgan Employment Attorney?

The employment and labor legal representatives at Morgan & Morgan have successfully pursued countless labor and employment claims for individuals who require it most.

In addition to our successful performance history of representing victims of labor and employment claims, our labor attorneys likewise represent employees 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 may have been dealt with poorly by a company or another worker, do not be reluctant to call our office. To discuss your legal rights and choices, submit our totally free, no-obligation case review type now.

What Does a Work Attorney Do?

Documentation.
First, your designated legal group will gather records associated with your claim, including your contract, time sheets, and communications via e-mail or other work-related platforms.
These files will assist 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 terrific information to collect the required evidence.
They will look at the files you offer and might likewise take a look at work records, contracts, and other work environment data.

Negotiation.
Your attorney will work out with the defense, beyond the courtroom, to assist get you the payment you may be entitled to.
If settlement negotiations are not successful, your lawyer is prepared to go to trial and present your case in the greatest possible type.

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