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Labor and Employment Attorneys

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Based upon 55,000 Select Nationwide Reviews

– The Fee Is Free Unless You Win ®

. -America’s Largest Injury Law practice ™.

– Protecting Families Since 1988.

– 25 Billion+ Won.

– 1,000+ Lawyers Nationwide.

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Were You Treated Unfairly While on the Job?

Morgan & Morgan’s employment lawyers submit the a lot of work litigation cases in the nation, consisting of those including wrongful termination, discrimination, harassment, wage theft, staff member misclassification, defamation, retaliation, denial of leave, and executive pay conflicts.

The office ought to be a safe location. Unfortunately, some workers are subjected to unfair and unlawful conditions by unethical employers. Workers may not understand what their rights in the work environment are, or may be afraid of speaking up against their company in fear of retaliation. These labor employment offenses can cause lost salaries and benefits, missed out on chances for improvement, and excessive stress.

Unfair and discriminatory labor practices versus workers can take numerous kinds, including wrongful termination, discrimination, harassment, rejection to provide a reasonable accommodation, rejection of leave, employer retaliation, and wage and hour violations. Workers who are victim to these and other dishonest practices might not know their rights, or may hesitate to speak up against their employer for worry of retaliation.

At Morgan & Morgan, our work lawyers deal with a range of civil lawsuits cases including unjust labor practices versus workers. Our attorneys have the knowledge, commitment, and employment experience required to represent employees in a large range of labor conflicts. In fact, Morgan & Morgan has been acknowledged for submitting more labor and work cases than any other firm.

If you believe you might have been the victim of unjust or unlawful treatment in the office, call us by finishing our free case evaluation kind.

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Our dedicated group gets to work investigating your claim.

Step 3

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If we take on the case, our team battles to get you the outcomes you deserve.

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FAQ

Get answers to frequently asked questions about our legal services and discover how we might help you with your case.

What Does Labor Law and Employment Law Cover?

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

Wrongful Termination.

Discrimination (e.g., sex, race, color, harassment, nationwide origin, religion, age, and impairment).

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

Unfair Labor Practices (e.g., rejection of incomes, 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 staff members are release for factors that are unreasonable or prohibited. This is termed wrongful termination, wrongful discharge, or wrongful termination.

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

Firing a worker out of retaliation.

Discrimination.

Firing a whistleblower.

Firing an employee who will not do something illegal for their company.

If you believe you might have been fired without proper cause, our labor and work attorneys may be able to help you recover back pay, unpaid wages, and other kinds of payment.

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

It is illegal to discriminate against a job candidate or worker on the basis of race, color, religious beliefs, sex, national origin, impairment, or age. However, some employers do simply that, resulting in a hostile and inequitable work environment where some employees are treated more positively than others.

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

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 worker with less experience.

Not offering equivalent training opportunities for workers of different religious backgrounds.

Imposing job eligibility requirements that deliberately evaluates out people with specials needs.

Firing somebody based upon a safeguarded category.

What Are Some Examples of Workplace Harassment?

When workers undergo slurs, attacks, risks, ridicule, offensive jokes, undesirable sexual advances, or spoken or physical conduct of a sexual nature, it can be considered workplace harassment. Similar to workplace discrimination, work environment harassment produces a hostile and violent work environment.

Examples of workplace harassment include:

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

Telling a repulsive or sexual joke to a coworker.

Using slurs or racial epithets.

Making declarations about a worker’s sexual orientation.

Making unfavorable remarks about a worker’s spiritual beliefs.

Making prejudicial declarations about an employee’s birth place or family heritage.

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

Workplace harassment can likewise take the kind of quid professional quo harassment. This means that the harassment leads to an intangible change in a staff member’s work status. For instance, a worker may be required to endure 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) established certain employees’ rights, including the right to a minimum wage (set federally at $7.25 as of 2020) and overtime spend for all hours worked over 40 in a workweek for non-exempt workers.

However, some companies attempt to cut expenses by rejecting workers their rightful pay through deceiving approaches. This is called wage theft, and includes examples such as:

Paying a worker less than the federal minimum wage.

Giving an employee “comp time” or hours that can be utilized toward holiday or ill time, instead of overtime spend for hours worked over 40 in a work week.

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

Forcing employees to pay for tools of the trade or other expenses that their company should pay.

Misclassifying an employee that should be paid overtime as “exempt” by promoting them to a “supervisory” position without actually altering the worker’s job responsibilities.

A few of the most susceptible professions to overtime and minimum wage infractions include:

IT employees.

Service service technicians.

Installers.

Sales representatives.

Nurses and health care workers.

Tipped employees.

Oil and gas field workers.

Call center employees.

Personal lenders, home loan brokers, and AMLs.

Retail staff members.

Exotic dancers.

FedEx motorists.

Disaster relief workers.

Pizza delivery drivers.

What Is Employee Misclassification?

There are a variety of differences between employees and self-employed workers, also understood as independent specialists or specialists. Unlike employees, who are told when and where to work, ensured a routine wage quantity, and entitled to staff member benefits, to name a few criteria, independent professionals usually work on a short-term, contract basis with an organization, and are invoiced for their work. Independent specialists are not entitled to worker benefits, and should submit and withhold their own taxes, as well.

However, employment in recent years, some companies have actually abused category by misclassifying bonafide workers as professionals in an attempt to conserve money and circumvent laws. This is most commonly seen amongst “gig economy” workers, such as rideshare drivers and shipment chauffeurs.

Some examples of misclassifications include:

Misclassifying an employee as an independent professional to not need to abide by Equal Employment Opportunity Commission laws, which prevent work discrimination.

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

Misclassifying employees to prevent paying out base pay.

How Is Defamation of Character Defined?

Defamation is typically defined as the act of harming the track record of an individual through slanderous (spoken) or disparaging (written) comments. When libel takes place in the office, it has the possible to harm team morale, produce alienation, or even trigger long-lasting damage to a worker’s profession potential customers.

Employers are responsible for putting a stop to harmful gossiping among staff members if it is a regular and recognized event in the office. Defamation of character in the office might include instances such as:

An employer making hazardous and unfounded allegations, such as claims of theft or incompetence, toward a worker during an efficiency evaluation

A worker spreading out a harmful report about another worker that triggers them to be denied for a job in other places

A worker spreading gossip about an employee that triggers other coworkers to avoid them

What Is Considered Employer Retaliation?

It is illegal for a business to penalize a staff member for submitting a grievance or lawsuit against their company. This is thought about company retaliation. Although employees are legally safeguarded versus retaliation, it does not stop some companies from punishing an employee who filed a grievance in a range of ways, such as:

Reducing the employee’s wage

Demoting the employee

Re-assigning the employee to a less-desirable job

Re-assigning the employee to a shift that creates 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 vary from state to state, there are a variety of federally mandated laws that protect employees who should take an extended time period off from work.

Under the Family Medical Leave Act (FMLA), employers must use overdue leave time to workers with a qualifying family or specific medical circumstance, such as leave for the birth or adoption of an infant or leave to care for a spouse, kid, or moms and dad with a major health condition. If qualified, workers are entitled to up to 12 weeks of unpaid leave time under the FMLA without fear of endangering their task status.

The Uniformed Services Employment and Reemployment Rights Act (USERRA), on the other hand, assurances certain securities to present and employment former uniformed service members who may need to be absent from civilian employment for a certain duration of time in order to serve in the armed forces.

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

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

Demoting a staff member 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 armed forces without just cause

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

What Is Executive Compensation?

Executive payment is the combination of base money payment, deferred payment, performance bonus offers, stock choices, executive benefits, severance plans, and more, awarded to high-level management staff members. Executive compensation bundles have actually come under increased examination by regulatory agencies and investors alike. If you deal with a conflict during the settlement of your executive pay bundle, our lawyers might have the ability to assist you.

Why Should I Contact a Morgan & Morgan Employment Attorney?

The employment and labor legal representatives at Morgan & Morgan have effectively pursued countless labor and work claims for the people who need it most.

In addition to our successful performance history of representing victims of labor and work claims, our labor lawyers likewise represent workers before administrative companies 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 may have been treated poorly by an employer or another employee, do not be reluctant to call our workplace. To discuss your legal rights and alternatives, submit our complimentary, no-obligation case evaluation type now.

What Does a Work Attorney Do?

Documentation.
First, your designated legal team will collect records related to your claim, including your contract, time sheets, and communications by means of email or other job-related platforms.
These documents will help your lawyer comprehend the level 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 needed proof.
They will look at the documents you provide and might also take a look at employment records, contracts, and other workplace data.

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

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