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Labor and Employment Attorneys

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Were You Treated Unfairly While on the Job?

Morgan & Morgan’s employment lawyers file one of the most work litigation cases in the country, including those involving wrongful termination, discrimination, harassment, wage theft, worker misclassification, disparagement, retaliation, rejection of leave, and executive pay disputes.

The workplace should be a safe place. Unfortunately, some employees go through unjust and illegal conditions by deceitful employers. Workers might not know what their rights in the workplace are, or may be scared of speaking out against their company in fear of retaliation. These labor infractions can result in lost incomes and benefits, missed opportunities for development, and unnecessary tension.

Unfair and discriminatory labor practices versus employees can take numerous types, including wrongful termination, discrimination, harassment, refusal to give an affordable lodging, rejection of leave, employer retaliation, and wage and hour violations. Workers who are victim to these and other dishonest practices may not understand their rights, or might hesitate to speak out against their company for fear of retaliation.

At Morgan & Morgan, our employment lawyers manage a range of civil lawsuits cases including unreasonable labor practices versus staff members. Our lawyers possess the knowledge, dedication, and experience required to represent workers in a large range of labor disagreements. In reality, Morgan & Morgan has been acknowledged for filing more labor and work cases than any other company.

If you think you may have been the victim of unjust or illegal treatment in the work environment, contact us by completing our free case assessment kind.

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What Does Labor Law and employment Employment Law Cover?

Our practice represents people who have been the victim of:

Wrongful Termination.

Discrimination (e.g., sex, race, color, harassment, national origin, religion, age, and disability).

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

Unfair Labor employment Practices (e.g., denial of incomes, 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 reasons that are unjust or illegal. This is termed wrongful termination, wrongful discharge, or wrongful termination.

There are numerous circumstances that might be grounds for a wrongful termination lawsuit, including:

Firing an employee out of retaliation.

Discrimination.

Firing a whistleblower.

Firing an employee who won’t do something illegal for their company.

If you believe you may have been fired without appropriate cause, our labor and employment attorneys might have the ability to help you recuperate back pay, overdue earnings, and other forms of payment.

What Are the Most Common Forms of Workplace Discrimination?

It is prohibited to victimize a task applicant or employee on the basis of race, color, faith, sex, nationwide origin, special needs, or age. However, some companies do simply that, causing a hostile and inequitable workplace where some workers are treated more favorably than others.

Workplace discrimination can take many types. 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 promo in favor of a male staff member with less experience.

Not offering equal training chances for staff members of different spiritual backgrounds.

Imposing job eligibility criteria that intentionally screens out people with specials needs.

Firing somebody based on a protected category.

What Are Some Examples of Workplace Harassment?

When employees undergo slurs, attacks, dangers, 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 abusive work environment.

Examples of work environment harassment consist of:

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

Telling a repulsive or sexual joke to a colleague.

Using slurs or racial epithets.

Making prejudicial statements about a worker’s sexual orientation.

Making negative comments about an employee’s faiths.

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

Making unfavorable remarks or jokes about the age of a worker 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 change in an employee’s employment status. For example, a worker may be required to tolerate sexual harassment from a manager as a condition of their continued work.

Which Industries Have one of the most Overtime and Base Pay Violations?

The Fair Labor employment Standards Act (FLSA) established specific workers’ 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 employers try to cut costs by denying workers their rightful pay through deceiving approaches. This is called wage theft, and consists of examples such as:

Paying a worker less than the federal minimum wage.

Giving an employee “comp time” or hours that can be utilized towards vacation or employment ill time, instead of overtime pay for hours worked over 40 in a work week.

Forcing tipped employees to pool their pointers with non-tipped workers, such as supervisors or cooks.

Forcing employees to spend for tools of the trade or other expenditures that their company must pay.

Misclassifying a worker that should be paid overtime as “exempt” by promoting them to a “managerial” position without in fact altering the worker’s task responsibilities.

A few of the most susceptible occupations to overtime and minimum wage infractions consist of:

IT employees.

Service service technicians.

Installers.

Sales agents.

Nurses and healthcare employees.

Tipped staff members.

Oil and gas field workers.

Call center workers.

Personal lenders, mortgage 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 between staff members and self-employed workers, likewise understood as independent professionals or consultants. Unlike employees, who are informed when and where to work, guaranteed a regular wage amount, and entitled to staff member advantages, to name a few criteria, independent contractors typically deal with a short-term, contract basis with an organization, and are invoiced for their work. Independent contractors are not entitled to worker advantages, and should file and withhold their own taxes, as well.

However, recently, some companies have actually abused category by misclassifying bonafide workers as specialists in an attempt to save money and prevent laws. This is most frequently seen among “gig economy” workers, such as rideshare motorists and delivery motorists.

Some examples of misclassifications consist of:

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

Misclassifying an employee to avoid enrolling them in a health benefits prepare.

Misclassifying staff members to avoid paying minimum wage.

How Is Defamation of Character Defined?

Defamation is normally specified as the act of damaging the track record of a person through slanderous (spoken) or false (written) comments. When character assassination happens in the office, it has the possible to damage team morale, produce alienation, and even cause long-term damage to an employee’s career potential customers.

Employers are responsible for putting a stop to damaging gossiping amongst employees if it is a routine and known event in the office. Defamation of character in the office might include instances such as:

A company making hazardous and unfounded allegations, such as claims of theft or incompetence, toward a staff member during a performance evaluation

A staff member spreading out a hazardous rumor about another staff member that triggers them to be rejected for a job in other places

A staff member dispersing gossip about a worker that triggers other colleagues to prevent them

What Is Considered Employer Retaliation?

It is illegal for a business to punish an employee for submitting a problem or suit versus their employer. This is considered company retaliation. Although workers are legally secured against retaliation, it doesn’t stop some companies from punishing a staff member who submitted a complaint in a range of methods, such as:

Reducing the employee’s income

Demoting the employee

Re-assigning the employee to a less-desirable task

Re-assigning the employee to a shift that creates a work-family conflict

Excluding the employee from vital workplace activities such as training sessions

What If a Business 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 protect employees who should take a prolonged amount of time off from work.

Under the Family Medical Leave Act (FMLA), companies must provide overdue leave time to staff members with a certifying household or individual medical situation, such as leave for the birth or adoption of an infant or leave to care for a spouse, child, or moms and dad with a major health condition. If certified, workers are entitled to approximately 12 weeks of overdue leave time under the FMLA without fear of threatening their task status.

The Uniformed Services Employment and Reemployment Rights Act (USERRA), on the other hand, assurances certain protections to current and previous uniformed service members who might require to be absent from civilian work for a particular amount of time in order to serve in the armed forces.

Leave of absence can be unfairly rejected in a number of methods, including:

Firing a worker who took a leave of absence for the birth or adoption of their baby without just cause

Demoting an employee who took a leave of absence to care for a dying 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 against an existing or former service member who took a leave of lack to serve in the armed forces

What Is Executive Compensation?

Executive payment is the combination of base cash payment, postponed settlement, efficiency perks, stock alternatives, employment executive benefits, severance plans, and more, granted to top-level management staff members. Executive payment packages have actually come under increased examination by regulative firms and shareholders alike. If you face a dispute throughout the negotiation of your executive pay bundle, our attorneys might be able to help you.

Why Should I Contact a Morgan & Morgan Employment Attorney?

The employment and employment labor lawyers at Morgan & Morgan have actually effectively pursued thousands of labor and employment claims for the individuals who need it most.

In addition to our effective performance history of representing victims of labor and employment claims, our labor lawyers likewise represent employees 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 might have been dealt with incorrectly by a company or another worker, do not be reluctant to call our office. To discuss your legal rights and alternatives, submit our free, no-obligation case review kind now.

What Does an Employment Attorney Do?

Documentation.
First, your appointed legal group will gather records associated with your claim, including your agreement, time sheets, and interactions via e-mail or other work-related platforms.
These documents will assist your attorney understand the degree of your claim and develop your case for payment.

Investigation.
Your lawyer and legal team will examine your work environment claim in terrific detail to gather the necessary proof.
They will look at the documents you provide and might also look at employment records, contracts, and other office information.

Negotiation.
Your lawyer will work out with the defense, outside of 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 form.

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