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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 ™.
- 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 a lot of employment lawsuits cases in the country, including those involving wrongful termination, discrimination, harassment, wage theft, employee misclassification, character assassination, retaliation, rejection of leave, and executive pay disputes.
The office should be a safe location. Unfortunately, some workers go through unfair and prohibited conditions by unethical companies. Workers may not understand what their rights in the work environment are, or might hesitate of speaking out versus their company in fear of retaliation. These labor offenses can cause lost earnings and advantages, missed opportunities for improvement, and undue stress.
Unfair and inequitable labor practices against workers can take many kinds, including wrongful termination, discrimination, harassment, rejection to provide a reasonable lodging, rejection of leave, employer retaliation, and wage and hour violations. Workers who are victim to these and other unethical practices might not understand their rights, or may hesitate to speak up against their employer for worry of retaliation.
At Morgan & Morgan, our employment attorneys manage a variety of civil lawsuits cases involving unfair labor practices versus employees. Our attorneys possess the knowledge, commitment, and experience required to represent employees in a large range of labor conflicts. In fact, Morgan & Morgan has actually been acknowledged for submitting more labor and work cases than any other firm.
If you believe you may have been the victim of unreasonable or unlawful treatment in the office, call us by completing our free case evaluation form.
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FAQ
Get answers to frequently asked concerns about our legal services and learn 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, religious beliefs, age, and special needs).
Harassment (e.g., Sexual Harassment, Hostile Work Environment).
Unfair Labor Practices (e.g., denial of incomes, 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 claims.
Executive Pay Disputes.
What Constitutes Wrongful Termination?
Sometimes workers are release for reasons that are unjust or illegal. This is described wrongful termination, wrongful discharge, or wrongful dismissal.
There are lots of scenarios that may be premises for a wrongful termination suit, consisting of:
Firing an employee out of retaliation.
Discrimination.
Firing a whistleblower.
Firing an employee who will not do something unlawful for their employer.
If you believe you might have been fired without appropriate cause, our labor and work lawyers may be able to help you recuperate back pay, unsettled earnings, and other kinds of compensation.
What Are one of the most Common Forms of Workplace Discrimination?
It is illegal to victimize a task candidate or staff member on the basis of race, color, religious beliefs, sex, national origin, disability, or age. However, some employers do simply that, leading to a hostile and inequitable office where some workers are treated more favorably than others.
Workplace discrimination can take many forms. Some examples consist of:
Refusing to hire somebody on the basis of their skin color.
Passing over a certified female employee for a promo in favor of a male employee with less experience.
Not providing equal training chances for staff members of various spiritual backgrounds.
Imposing job eligibility criteria that intentionally evaluates out people with impairments.
Firing someone based upon a secured classification.
What Are Some Examples of Workplace Harassment?
When workers undergo slurs, attacks, dangers, 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, work environment harassment produces a hostile and abusive work environment.
Examples of office harassment consist of:
Making unwelcome comments about a worker's look or body.
Telling a repulsive or sexual joke to a colleague.
Using slurs or racial epithets.
Making prejudicial declarations about an employee's sexual preference.
Making unfavorable comments about a worker's spiritual beliefs.
Making prejudicial statements about an employee's birthplace or household heritage.
Making negative remarks or jokes about the age of an employee over the age of 40.
Workplace harassment can also take the form of quid professional quo harassment. This means that the harassment leads to an intangible modification in a worker's work status. For instance, a worker might be required to tolerate unwanted sexual advances from a manager as a condition of their continued work.
Which Industries Have one of the most Overtime and Minimum Wage Violations?
The Fair Labor Standards Act (FLSA) established certain employees' rights, including the right to a minimum wage (set federally at $7.25 since 2020) and overtime spend for all hours worked over 40 in a workweek for non-exempt staff members.
However, some companies attempt to cut costs by rejecting workers their rightful pay through deceitful methods. This is called wage theft, and consists of examples such as:
Paying an employee less than the federal minimum wage.
Giving a worker "comp time" or hours that can be utilized towards trip or ill time, rather than overtime pay for hours worked over 40 in a work week.
Forcing tipped employees to pool their pointers with non-tipped employees, such as supervisors or cooks.
Forcing workers to spend for tools of the trade or other costs that their employer ought to pay.
Misclassifying an employee that must be paid overtime as "exempt" by promoting them to a "managerial" position without in fact changing the employee's job responsibilities.
Some of the most vulnerable occupations to overtime and minimum wage violations consist of:
IT employees.
Service specialists.
Installers.
Sales representatives.
Nurses and health care employees.
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 workers.
Pizza shipment motorists.
What Is Employee Misclassification?
There are a number of differences between staff members and self-employed workers, also referred to as independent professionals or consultants. Unlike staff members, who are told when and where to work, ensured a routine wage quantity, and entitled to worker advantages, among other criteria, independent contractors normally deal with a short-term, contract basis with a company, and are invoiced for their work. Independent professionals are not entitled to employee advantages, and should submit and withhold their own taxes, as well.
However, recently, some companies have abused classification by misclassifying bonafide staff members as contractors in an attempt to conserve money and circumvent laws. This is most frequently seen amongst "gig economy" employees, such as rideshare chauffeurs and shipment chauffeurs.
Some examples of misclassifications consist of:
Misclassifying a worker as an independent contractor to not have to abide by Equal Employment Opportunity Commission laws, which avoid employment discrimination.
Misclassifying an employee to prevent enrolling them in a health advantages prepare.
Misclassifying employees to avoid paying out minimum wage.
How Is Defamation of Character Defined?
Defamation is normally defined as the act of damaging the track record of an individual through slanderous (spoken) or false (written) remarks. When libel takes place in the work environment, it has the possible to hurt team spirits, develop alienation, or even trigger long-term damage to an employee's profession potential customers.
Employers are accountable for putting a stop to hazardous gossiping amongst employees if it is a routine and recognized event in the office. Defamation of character in the workplace may consist of circumstances such as:
A company making hazardous and unfounded allegations, such as claims of theft or incompetence, toward an employee throughout an efficiency review
A staff member spreading out a harmful report about another staff member that causes them to be turned down for a job in other places
An employee dispersing gossip about an employee that causes other colleagues to avoid them
What Is Considered Employer Retaliation?
It is unlawful for a business to punish an employee for filing a grievance or suit versus their company. This is thought about company retaliation. Although workers are lawfully protected versus retaliation, it doesn't stop some employers from punishing a worker who filed a complaint in a variety of ways, such as:
Reducing the worker's income
Demoting the employee
Re-assigning the worker to a less-desirable job
Re-assigning the worker to a shift that creates a work-family dispute
Excluding the worker from important work environment activities such as training sessions
What If a Company Denies a Leave of Absence?
While leave of lack laws differ from one state to another, there are a number of federally mandated laws that secure workers who should take a prolonged amount of time off from work.
Under the Family Medical Leave Act (FMLA), companies should use unsettled leave time to employees with a certifying family or specific medical situation, such as leave for the birth or adoption of a child or leave to look after a spouse, child, or moms and dad with a serious health condition. If certified, employees are entitled to up to 12 weeks of unsettled 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 specific defenses to current and former uniformed service members who may need to be absent from civilian work for job a specific duration of time in order to serve in the armed forces.
Leave of lack can be unfairly denied in a number of ways, including:
Firing a staff member who took a leave of absence for the birth or adoption of their baby 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 armed forces without just cause
Retaliating against an existing or previous service member who took a leave of lack to serve in the armed forces
What Is Executive Compensation?
Executive payment is the mix of base money payment, delayed settlement, efficiency rewards, stock alternatives, executive benefits, severance bundles, and more, granted to high-level management workers. Executive compensation plans have come under increased scrutiny by regulative companies and investors alike. If you deal with a disagreement during the settlement of your executive pay package, our lawyers might be able to assist you.
Why Should I Contact a Morgan & Morgan Employment Attorney?
The work and labor lawyers at Morgan & Morgan have actually effectively pursued countless labor and work 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 employees before administrative firms 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 job somebody you understand might have been dealt with poorly by an employer or another employee, do not think twice to contact our office. To discuss your legal rights and alternatives, fill out our free, no-obligation case review type now.
What Does an Employment Attorney Do?
Documentation.
First, your assigned legal group will gather records related to your claim, including your agreement, time sheets, and interactions through email or other work-related platforms.
These files will assist your lawyer understand the extent of your claim and construct your case for settlement.
Investigation.
Your attorney and legal group will examine your office claim in fantastic information to collect the needed proof.
They will look at the documents you offer and might likewise take a look at employment records, agreements, and other office information.
Negotiation.
Your lawyer will negotiate with the defense, beyond the courtroom, to help get you the settlement you may 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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