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  • Founded Date juli 3, 1947
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Labor And Employment Attorneys

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Mistreated on the Job?

Labor and Employment Attorneys

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– 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 lawyers file the a lot of employment litigation cases in the country, including those including wrongful termination, discrimination, harassment, wage theft, staff member misclassification, libel, retaliation, denial of leave, and executive pay disputes.

The workplace needs to be a safe location. Unfortunately, some employees are subjected to unfair and unlawful conditions by unscrupulous employers. Workers might not understand what their rights in the work environment are, or might be afraid of speaking out versus their employer in fear of retaliation. These labor offenses can result in lost earnings and benefits, missed opportunities for improvement, and unnecessary stress.

Unfair and employment inequitable labor practices against staff members can take numerous forms, including wrongful termination, discrimination, harassment, refusal to give a sensible accommodation, denial of leave, employer retaliation, and wage and hour offenses. Workers who are victim to these and other unethical practices might not understand their rights, or may be scared to speak up versus their company for worry of retaliation.

At Morgan & Morgan, our work attorneys handle a variety of civil lawsuits cases involving unfair labor practices against employees. Our attorneys have the knowledge, devotion, and experience required to represent employees in a large range of labor disputes. In truth, Morgan & Morgan has been acknowledged for filing more labor and work cases than any other firm.

If you believe you may have been the victim of unreasonable or illegal treatment in the work environment, contact us by completing our complimentary case evaluation form.

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FAQ

Get the answer to commonly asked concerns 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 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, employment Hostile Work Environment).

Unfair Labor Practices (e.g., rejection of wages, overtime, suggestion pooling, and equivalent 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 let go for reasons that are unfair or unlawful. This is termed wrongful termination, wrongful discharge, or wrongful dismissal.

There are numerous scenarios that might be grounds for a wrongful termination suit, consisting of:

Firing a staff member out of retaliation.

Discrimination.

Firing a whistleblower.

Firing a worker who will not do something prohibited for employment their company.

If you believe you may have been fired without correct cause, our labor and work attorneys might have the ability to assist you recuperate back pay, overdue wages, and other forms of payment.

What Are the Most Common Forms of Workplace Discrimination?

It is illegal to victimize a job applicant or staff member on the basis of race, color, faith, sex, national origin, disability, or age. However, some companies do just that, resulting in a hostile and inequitable office where some employees are treated more positively than others.

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

Refusing to work with someone on the basis of their skin color.

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

Not providing equal training chances for workers of various religious backgrounds.

Imposing job eligibility requirements that deliberately screens out people with disabilities.

Firing someone based on a secured category.

What Are Some Examples of Workplace Harassment?

When employees are subjected to slurs, assaults, dangers, ridicule, offensive jokes, unwanted 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 abusive workplace.

Examples of workplace harassment consist of:

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

Telling a repulsive or sexual joke to a coworker.

Using slurs or racial epithets.

Making prejudicial declarations about an employee’s sexual orientation.

Making negative comments about a worker’s religious beliefs.

Making prejudicial statements about a staff member’s birthplace or household heritage.

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

Workplace harassment can likewise take the type of quid professional quo harassment. This implies that the harassment leads to an intangible modification in a worker’s work status. For example, an employee might be forced to tolerate unwanted sexual advances 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 specific employees’ 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 workers.

However, some companies attempt to cut costs by rejecting employees their rightful pay through sly 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 toward getaway or sick time, rather than overtime spend for hours worked over 40 in a work week.

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

Forcing employees to spend for tools of the trade or other expenses that their employer need to pay.

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

A few of the most vulnerable professions to overtime and base pay offenses include:

IT employees.

Service professionals.

Installers.

Sales representatives.

Nurses and healthcare workers.

Tipped employees.

Oil and gas field workers.

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Personal bankers, home loan brokers, and AMLs.

Retail staff members.

Strippers.

FedEx motorists.

Disaster relief workers.

Pizza shipment motorists.

What Is Employee Misclassification?

There are a number of distinctions in between employees and employment self-employed workers, likewise known as independent specialists or specialists. Unlike workers, who are told when and where to work, guaranteed a routine wage amount, and entitled to staff member advantages, to name a few criteria, independent specialists typically deal with a short-term, agreement basis with a service, and are invoiced for their work. Independent contractors are not entitled to employee benefits, and need to submit and withhold their own taxes, also.

However, in the last few years, some employers have abused classification by misclassifying bonafide staff members as professionals in an effort to save cash and circumvent laws. This is most frequently seen among ”gig economy” workers, such as rideshare drivers and delivery drivers.

Some examples of misclassifications consist of:

Misclassifying a worker as an independent professional to not need to adhere to Equal Employment Opportunity Commission laws, which prevent work discrimination.

Misclassifying a worker to avoid enrolling them in a health benefits prepare.

Misclassifying employees to avoid paying out base pay.

How Is Defamation of Character Defined?

Defamation is generally defined as the act of harming the reputation of an individual through slanderous (spoken) or false (written) comments. When libel takes place in the work environment, it has the prospective to damage group spirits, develop alienation, and even cause long-lasting damage to an employee’s career prospects.

Employers are responsible for stopping damaging gossiping amongst staff members if it is a regular and known event in the office. Defamation of character in the office might include circumstances such as:

An employer making hazardous and unproven allegations, such as claims of theft or incompetence, toward an employee throughout an efficiency review

An employee spreading a harmful rumor about another worker that triggers them to be declined for a job elsewhere

A staff member spreading gossip about an employee that triggers other coworkers to prevent them

What Is Considered Employer Retaliation?

It is unlawful for a company to penalize a staff member for submitting a grievance or lawsuit versus their employer. This is thought about employer retaliation. Although employees are lawfully secured against retaliation, it doesn’t stop some companies from penalizing a worker who submitted a problem in a variety of ways, such as:

Reducing the worker’s income

Demoting the worker

Re-assigning the worker to a less-desirable job

Re-assigning the employee to a shift that produces a work-family dispute

Excluding the worker 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 number of federally mandated laws that protect staff members who must take an extended time period off from work.

Under the Family Medical Leave Act (FMLA), employers must provide overdue leave time to staff members with a certifying family or private medical scenario, such as leave for the birth or adoption of a child or delegate look after a partner, kid, or parent with a severe health condition. If certified, staff members are entitled to approximately 12 weeks of unpaid 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, warranties certain defenses to current and former uniformed service members who might require to be missing from civilian employment for a particular amount of time in order to serve in the militaries.

Leave of lack can be unfairly denied in a variety of methods, consisting of:

Firing a worker 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 take care of a dying moms and dad without simply 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 present or previous service member who took a leave of lack to serve in the militaries

What Is Executive Compensation?

Executive compensation is the combination of base money settlement, deferred compensation, efficiency perks, stock choices, executive advantages, severance packages, and more, granted to top-level management workers. Executive compensation packages have actually come under increased scrutiny by regulative agencies and shareholders alike. If you deal with a disagreement throughout the negotiation of your executive pay plan, our attorneys may have the ability to help you.

Why Should I Contact a Morgan & Morgan Employment Attorney?

The employment and labor lawyers at Morgan & Morgan have effectively pursued countless labor and employment claims for the individuals who require it most.

In addition to our effective track record of representing victims of labor and employment claims, our labor lawyers also 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 someone you know may have been dealt with improperly by a company or another worker, do not be reluctant to contact our office. To discuss your legal rights and options, submit our totally free, no-obligation case evaluation type now.

What Does an Employment Attorney Do?

Documentation.
First, your designated legal group will gather records associated with your claim, including your contract, time sheets, and interactions through email or other job-related platforms.
These documents will assist your attorney comprehend the degree of your claim and develop your case for payment.

Investigation.
Your lawyer and legal team will investigate your work environment claim in terrific information to collect the needed evidence.
They will take a look at the files you provide and may also look at work records, agreements, and other work environment data.

Negotiation.
Your lawyer will negotiate with the defense, beyond the courtroom, to help get you the compensation 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 form.

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