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Labor And Employment Attorneys
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Mistreated on the Job?
Labor and Employment Attorneys
Rating Overview
Based on 55,000 Select Nationwide Reviews
– The Fee Is Free Unless You Win ®
. -America’s Largest Injury Law Firm â„¢.
– 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 submit the most employment litigation cases in the nation, including those involving wrongful termination, discrimination, harassment, wage theft, worker misclassification, defamation, retaliation, denial of leave, and executive pay disputes.
The work environment must be a safe location. Unfortunately, some employees undergo unjust and illegal conditions by dishonest employers. Workers may not know what their rights in the office are, or may hesitate of speaking up against their company in worry of retaliation. These labor offenses can result in lost salaries and advantages, missed chances for advancement, and unnecessary tension.
Unfair and discriminatory labor practices versus employees can take many types, consisting of wrongful termination, discrimination, harassment, rejection to offer a sensible accommodation, denial of leave, employer retaliation, and 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 versus their employer for worry of retaliation.
At Morgan & Morgan, our employment lawyers handle a range of civil litigation cases including unreasonable labor practices versus employees. Our attorneys possess the knowledge, dedication, and experience required to represent employees in a wide variety of labor conflicts. In fact, Morgan & Morgan has actually been recognized for submitting more labor and employment cases than any other company.
If you think you may have been the victim of unfair or prohibited treatment in the work environment, contact us by completing our complimentary case assessment form.
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If we take on the case, our group fights to get you the outcomes you are worthy of.
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FAQ
Get answers to frequently asked concerns about our legal services and find out 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, nationwide origin, faith, 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 workers are let go for reasons that are unreasonable or illegal. This is termed wrongful termination, employment wrongful discharge, or wrongful dismissal.
There are many circumstances that may be grounds for a wrongful termination lawsuit, of:
Firing a staff member out of retaliation.
Discrimination.
Firing a whistleblower.
Firing a worker who won’t do something illegal for their employer.
If you believe you might have been fired without proper cause, our labor and employment attorneys may have the ability to assist you recuperate back pay, unpaid wages, and other forms of compensation.
What Are one of the most Common Forms of Workplace Discrimination?
It is prohibited to victimize a task candidate or employee on the basis of race, color, employment religious beliefs, sex, nationwide origin, impairment, or age. However, some companies do just that, causing a hostile and inequitable work environment where some employees are treated more favorably than others.
Workplace discrimination can take many kinds. Some examples consist of:
Refusing to work with someone on the basis of their skin color.
Passing over a certified female employee for a promotion in favor of a male staff member with less experience.
Not offering equal training opportunities for workers of various spiritual backgrounds.
Imposing job eligibility criteria that intentionally screens out individuals with impairments.
Firing someone based on a secured category.
What Are Some Examples of Workplace Harassment?
When workers undergo slurs, assaults, threats, ridicule, offending jokes, undesirable sexual advances, or verbal or physical conduct of a sexual nature, it can be thought about workplace harassment. Similar to workplace discrimination, office harassment creates a hostile and violent workplace.
Examples of work environment harassment consist of:
Making unwelcome comments about an employee’s appearance or body.
Telling a vulgar or sexual joke to a colleague.
Using slurs or racial epithets.
Making prejudicial declarations about a worker’s sexual preference.
Making unfavorable comments about a staff member’s religions.
Making prejudicial statements about an employee’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 kind of quid pro quo harassment. This implies that the harassment results in an intangible modification in a staff member’s work status. For instance, an employee might be required to endure sexual harassment from a manager as a condition of their continued employment.
Which Industries Have the Most Overtime and Minimum Wage Violations?
The Fair Labor Standards Act (FLSA) developed specific employees’ rights, including the right to a base pay (set federally at $7.25 as of 2020) and overtime pay for all hours worked over 40 in a workweek for non-exempt workers.
However, some companies attempt to cut costs by denying employees their rightful pay through deceitful methods. This is called wage theft, and consists of examples such as:
Paying an employee less than the federal base pay.
Giving an employee “comp time” or hours that can be used towards trip or sick time, instead of overtime spend for hours worked over 40 in a work week.
Forcing tipped employees to pool their suggestions with non-tipped workers, such as supervisors or cooks.
Forcing employees to pay for tools of the trade or other expenditures that their company should pay.
Misclassifying an employee that should be paid overtime as “exempt” by promoting them to a “supervisory” position without in fact changing the worker’s task duties.
A few of the most vulnerable occupations to overtime and minimum wage infractions consist of:
IT workers.
Service professionals.
Installers.
Sales agents.
Nurses and healthcare employees.
Tipped workers.
Oil and gas field workers.
Call center employees.
Personal bankers, mortgage brokers, and AMLs.
Retail employees.
Exotic dancers.
FedEx motorists.
Disaster relief employees.
Pizza shipment chauffeurs.
What Is Employee Misclassification?
There are a variety of differences in between workers and self-employed workers, also known as independent specialists or experts. Unlike employees, who are told when and where to work, ensured a regular wage amount, and entitled to staff member benefits, to name a few requirements, independent contractors generally work on a short-term, contract basis with a service, and are invoiced for their work. Independent specialists are not entitled to worker benefits, and must submit and withhold their own taxes, too.
However, in the last few years, some companies have abused category by misclassifying bonafide workers as professionals in an attempt to conserve cash and prevent laws. This is most frequently seen among “gig economy” employees, such as rideshare drivers and delivery drivers.
Some examples of misclassifications consist of:
Misclassifying an employee as an independent specialist to not need to comply with Equal Employment Opportunity Commission laws, which avoid work discrimination.
Misclassifying an employee to avoid registering them in a health benefits plan.
Misclassifying staff members to prevent paying base pay.
How Is Defamation of Character Defined?
Defamation is generally defined as the act of damaging the track record of a person through slanderous (spoken) or disparaging (written) remarks. When disparagement happens in the workplace, it has the potential to harm group spirits, produce alienation, or even trigger long-lasting damage to an employee’s profession prospects.
Employers are accountable for stopping harmful gossiping among workers if it is a routine and known occurrence in the workplace. Defamation of character in the work environment might consist of circumstances such as:
An employer making damaging and unfounded accusations, such as claims of theft or incompetence, towards an employee during an efficiency review
A worker spreading a damaging rumor about another employee that causes them to be turned down for a job somewhere else
A staff member spreading chatter about a worker that causes other coworkers to prevent them
What Is Considered Employer Retaliation?
It is unlawful for a business to punish a worker for filing a problem or claim against their company. This is considered employer retaliation. Although workers are legally safeguarded against retaliation, it does not stop some companies from penalizing an employee who filed a problem in a variety of ways, such as:
Reducing the employee’s income
Demoting the employee
Re-assigning the worker to a less-desirable job
Re-assigning the worker to a shift that develops a work-family conflict
Excluding the employee from necessary work environment activities such as training sessions
What If a Business Denies a Leave of Absence?
While leave of absence laws differ from state to state, there are a variety of federally mandated laws that protect employees who should take an extended amount of time off from work.
Under the Family Medical Leave Act (FMLA), employers should use overdue leave time to staff members with a qualifying household or private medical scenario, such as leave for the birth or adoption of a child or leave to look after a partner, child, or parent with a severe health condition. If qualified, employees are entitled to up to 12 weeks of unsettled leave time under the FMLA without fear of endangering their job status.
The Uniformed Services Employment and Reemployment Rights Act (USERRA), on the other hand, assurances specific securities to existing and former uniformed service members who may require to be missing from civilian employment for a specific amount of time in order to serve in the militaries.
Leave of absence can be unfairly rejected in a number of methods, consisting of:
Firing a staff member 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 absence to take care of a passing away parent without just cause
Firing a re-employed service member who took a leave of lack to serve in the militaries without just 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 payment is the mix of base money payment, deferred settlement, efficiency benefits, stock options, executive perks, severance packages, and more, awarded to high-level management employees. Executive compensation bundles have come under increased scrutiny by regulative agencies and shareholders alike. If you deal with a conflict during the settlement of your executive pay bundle, our lawyers may be able to help you.
Why Should I Contact a Morgan & Morgan Employment Attorney?
The employment and labor lawyers at Morgan & Morgan have actually successfully pursued thousands of 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 lawyers likewise represent employees before administrative agencies 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 know may have been dealt with improperly by a company or another employee, do not think twice to contact our office. To discuss your legal rights and alternatives, submit our totally free, no-obligation case review form now.
What Does an Employment Attorney Do?
Documentation.
First, your assigned legal group will collect records connected to your claim, including your agreement, time sheets, and interactions through email or other work-related platforms.
These files will help your lawyer comprehend the extent of your claim and build your case for compensation.
Investigation.
Your attorney and legal group will examine your workplace claim in terrific information to collect the required proof.
They will look at the documents you offer and might also look at work records, agreements, and other work environment data.
Negotiation.
Your attorney will negotiate with the defense, beyond the courtroom, to help get you the payment you might be entitled to.
If settlement negotiations are not successful, your attorney is prepared to go to trial and present your case in the strongest possible kind.
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