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  • Founded Date december 10, 1960
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Labor And Employment Attorneys

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Mistreated on the Job?

Labor and Employment Attorneys

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Based on 55,000 Select Nationwide Reviews

– The Fee Is Free Unless You Win ®

. -America’s Largest Injury Law Firm ™.

– 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 work attorneys file the many work litigation cases in the nation, including those including wrongful termination, discrimination, harassment, wage theft, worker misclassification, libel, retaliation, denial of leave, and executive pay disputes.

The office should be a safe location. Unfortunately, some employees are subjected to unfair and unlawful conditions by dishonest employers. Workers may not understand what their rights in the work environment are, or might hesitate of speaking up against their company in fear of retaliation. These labor infractions can result in lost salaries and benefits, missed opportunities for advancement, and undue stress.

Unfair and prejudiced labor practices against employees can take many types, consisting of wrongful termination, discrimination, harassment, refusal to give a reasonable accommodation, rejection of leave, employer retaliation, and employment wage and hour infractions. Workers who are victim to these and other unethical 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 involving unjust labor practices versus employees. Our attorneys have the knowledge, devotion, and experience required to represent workers in a wide variety of labor conflicts. In reality, Morgan & Morgan has actually been acknowledged for submitting more labor and work cases than any other company.

If you believe you may have been the victim of unreasonable or unlawful treatment in the office, contact us by completing our free case evaluation type.

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FAQ

Get the answer to frequently asked questions about our legal services and discover how we may help you with your case.

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, nationwide origin, religion, age, and disability).

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 workers are release for factors that are unreasonable or prohibited. This is called wrongful termination, wrongful discharge, or wrongful dismissal.

There are lots of situations that might be premises for a wrongful termination lawsuit, including:

Firing a worker out of retaliation.

Discrimination.

Firing a whistleblower.

Firing a staff member who will not do something prohibited for their employer.

If you believe you might have been fired without appropriate cause, our labor and employment lawyers might be able to help you recuperate back pay, overdue salaries, and other kinds of compensation.

What Are the Most Common Forms of Workplace Discrimination?

It is illegal to victimize a task candidate or worker on the basis of race, color, religious beliefs, sex, nationwide origin, disability, or age. However, some companies do simply that, causing a hostile and inequitable work environment where some workers are dealt with more positively than others.

Workplace discrimination can take numerous types. Some examples consist of:

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

Passing over a certified female employee for a promotion in favor of a male employee with less experience.

Not offering equal training chances for workers of different spiritual backgrounds.

Imposing job eligibility requirements that intentionally evaluates out individuals with disabilities.

Firing someone based on a safeguarded category.

What Are Some Examples of Workplace Harassment?

When employees are subjected to slurs, attacks, risks, ridicule, offensive jokes, undesirable sexual advances, or verbal or physical conduct of a sexual nature, it can be considered workplace harassment. Similar to workplace discrimination, office harassment creates a hostile and abusive work environment.

Examples of workplace harassment consist of:

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

Telling a vulgar or sexual joke to a colleague.

Using slurs or racial epithets.

Making prejudicial statements about a worker’s sexual preference.

Making unfavorable remarks about an employee’s religions.

Making prejudicial declarations about a staff member’s birth place or household heritage.

Making negative comments or jokes about the age of an employee over the age of 40.

Workplace harassment can also take the kind of quid pro quo harassment. This suggests that the harassment leads to an intangible modification in an employee’s work status. For instance, a worker might be required to tolerate unwanted sexual advances from a supervisor as a condition of their continued employment.

Which Industries Have the Most Overtime and Base Pay Violations?

The Fair Labor Standards Act (FLSA) developed specific employees’ rights, consisting of 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 employees their rightful pay through deceiving techniques. This is called wage theft, employment 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 toward 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 employees to pay for tools of the trade or other costs that their employer must pay.

Misclassifying a worker that ought to be paid overtime as ”exempt” by promoting them to a ”supervisory” position without actually changing the worker’s job duties.

Some of the most vulnerable occupations to overtime and base pay infractions include:

IT workers.

Service technicians.

Installers.

Sales agents.

Nurses and healthcare workers.

Tipped staff members.

Oil and gas field workers.

Call center employees.

Personal lenders, home mortgage brokers, and AMLs.

Retail workers.

Strippers.

FedEx motorists.

Disaster relief employees.

Pizza shipment drivers.

What Is Employee Misclassification?

There are a number of distinctions in between workers and self-employed employees, also understood as independent professionals or consultants. Unlike employees, who are informed when and where to work, ensured a routine wage quantity, and entitled to employee advantages, to name a few requirements, independent specialists generally work on a short-term, contract basis with an organization, and are invoiced for their work. Independent contractors are not entitled to employee benefits, and must file and withhold their own taxes, also.

However, in current years, some employers have actually abused classification by misclassifying bonafide staff members as professionals in an effort to conserve money and prevent laws. This is most frequently seen amongst ”gig economy” employees, such as rideshare drivers and shipment motorists.

Some examples of misclassifications include:

Misclassifying a worker as an independent contractor to not need to comply with Equal Job opportunity Commission laws, which prevent work discrimination.

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

Misclassifying employees to avoid paying minimum wage.

How Is Defamation of Character Defined?

Defamation is typically specified as the act of harming the credibility of an individual through slanderous (spoken) or libelous (written) comments. When defamation occurs in the workplace, it has the prospective to harm team morale, create alienation, or perhaps cause long-lasting damage to an employee’s profession prospects.

Employers are responsible for putting a stop to hazardous gossiping amongst staff members if it is a regular and recognized event in the workplace. Defamation of character in the work environment might consist of instances such as:

An employer making hazardous and unfounded claims, such as claims of theft or incompetence, toward a staff member throughout an efficiency evaluation

An employee spreading out a damaging rumor about another staff member that triggers them to be refused for a job somewhere else

A staff member about an employee that triggers other coworkers to avoid them

What Is Considered Employer Retaliation?

It is unlawful for a business to penalize a staff member for filing a grievance or lawsuit against their company. This is considered company retaliation. Although employees are legally secured versus retaliation, it doesn’t stop some employers from punishing a staff member who filed a complaint in a variety of methods, such as:

Reducing the worker’s wage

Demoting the worker

Re-assigning the employee to a less-desirable job

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

Excluding the employee from important office activities such as training sessions

What If a Business Denies a Leave of Absence?

While leave of absence laws vary from state to state, there are a number of federally mandated laws that safeguard employees who need to take an extended amount of time off from work.

Under the Family Medical Leave Act (FMLA), employers need to use overdue leave time to workers with a qualifying household or specific medical circumstance, such as leave for the birth or adoption of an infant or leave to look after a spouse, child, or moms and dad with a severe health condition. If certified, workers are entitled to up to 12 weeks of unsettled leave time under the FMLA without worry of jeopardizing their job status.

The Uniformed Services Employment and Reemployment Rights Act (USERRA), on the other hand, warranties certain protections to present and previous uniformed service members who might need to be missing from civilian work for a particular amount of time in order to serve in the militaries.

Leave of lack can be unjustly rejected in a number of methods, including:

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

Demoting a worker who took a leave of absence to care for a passing away moms and dad without simply cause

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

Retaliating against an existing or previous service member who took a leave of absence to serve in the militaries

What Is Executive Compensation?

Executive settlement is the mix of base cash settlement, delayed compensation, efficiency perks, stock alternatives, executive advantages, severance packages, and more, granted to high-level management workers. Executive compensation packages have actually come under increased scrutiny by regulatory agencies and shareholders alike. If you deal with a disagreement throughout the negotiation of your executive pay plan, our lawyers may have the ability to assist you.

Why Should I Contact a Morgan & Morgan Employment Attorney?

The work and labor attorneys at Morgan & Morgan have actually effectively pursued thousands of labor and employment claims for the people who require it most.

In addition to our successful performance history of representing victims of labor and work claims, our labor attorneys likewise represent employees before administrative agencies 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 someone you understand may have been dealt with poorly by an employer or another staff member, do not think twice to contact our office. To discuss your legal rights and options, fill out our totally free, no-obligation case review type now.

What Does a Work Attorney Do?

Documentation.
First, your appointed legal team will gather records associated with your claim, including your contract, time sheets, and interactions by means of e-mail or other job-related platforms.
These documents will assist your lawyer understand the degree of your claim and develop your case for settlement.

Investigation.
Your attorney and legal group will examine your work environment claim in terrific detail to gather the needed evidence.
They will look at the documents you offer and might also take a look at work records, agreements, and other work environment data.

Negotiation.
Your attorney will work out with the defense, outside of the courtroom, to assist get you the payment you may be entitled to.
If settlement negotiations are unsuccessful, your attorney is prepared to go to trial and present your case in the strongest possible kind.

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