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  • Founded Date June 2, 1957
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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 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 one of the most work lawsuits cases in the country, consisting of those involving wrongful termination, discrimination, harassment, wage theft, staff member misclassification, defamation, retaliation, rejection of leave, and executive pay disagreements.

The office should be a safe place. Unfortunately, some workers undergo unreasonable and illegal conditions by unethical companies. Workers might not understand what their rights in the office are, or may be scared of speaking up versus their employer in worry of retaliation. These labor offenses can cause lost salaries and benefits, missed out on chances for improvement, and excessive tension.

Unfair and prejudiced labor practices against employees can take lots of forms, consisting of wrongful termination, discrimination, harassment, rejection to give a sensible accommodation, denial of leave, company retaliation, and wage and hour violations. Workers who are victim to these and other unethical practices may not know their rights, or might hesitate to speak out versus their employer for fear of retaliation.

At Morgan & Morgan, our employment lawyers deal with a range of civil litigation cases involving unjust labor practices against staff members. Our attorneys possess the understanding, dedication, and experience needed to represent employees in a wide variety of labor disputes. In truth, Morgan & Morgan has actually been recognized for submitting more labor and work cases than any other company.

If you believe you might have been the victim of unjust or unlawful treatment in the workplace, contact us by completing our free case assessment type.

Learn If You Are Eligible for a Labor and Employment Lawsuit

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Our devoted group gets to work investigating your claim.

Step 3

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If we handle the case, our group fights to get you the outcomes you are worthy of.

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Results may differ depending on your specific facts and legal situations.

FAQ

Get the answer to typically asked concerns about our legal services and find out how we might assist 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, national origin, religious beliefs, age, and impairment).

Harassment (e.g., Sexual Harassment, Hostile Workplace).

Unfair Labor Practices (e.g., denial of incomes, overtime, suggestion 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 release for factors that are unjust or unlawful. This is called wrongful termination, wrongful discharge, or wrongful termination.

There are numerous circumstances that may be premises for a wrongful termination lawsuit, consisting of:

Firing a staff member out of retaliation.

Discrimination.

Firing a whistleblower.

Firing a worker who will not do something illegal for employment their employer.

If you think you may have been fired without proper cause, our labor and employment lawyers may have the ability to help you recover back pay, unpaid incomes, and other forms of settlement.

What Are one of the most Common Forms of Workplace Discrimination?

It is illegal to victimize a job applicant or employee on the basis of race, color, religion, sex, nationwide origin, disability, or age. However, some companies do simply that, causing a hostile and inequitable office where some employees are treated more favorably than others.

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

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

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

Not supplying equal training chances for workers of different religious backgrounds.

Imposing task eligibility criteria that deliberately screens out individuals with disabilities.

Firing someone based upon a protected category.

What Are Some Examples of Workplace Harassment?

When employees go through slurs, attacks, risks, ridicule, offending jokes, undesirable sexual advances, or spoken or physical conduct of a sexual nature, it can be considered workplace harassment. Similar to workplace discrimination, work environment harassment creates a hostile and violent work environment.

Examples of work environment harassment consist of:

Making undesirable remarks about a worker’s appearance or body.

Telling a repulsive or sexual joke to a colleague.

Using slurs or racial epithets.

Making prejudicial declarations about a worker’s sexual orientation.

Making unfavorable remarks about a worker’s faiths.

Making prejudicial statements about a staff member’s birth place or family 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 leads to an intangible change in a worker’s employment status. For example, a worker might be forced to endure sexual harassment 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) established particular employees’ rights, including 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 employees.

However, some employers attempt to cut expenses by rejecting employees their rightful pay through deceitful techniques. This is called wage theft, and consists of examples such as:

Paying a worker less than the federal base pay.

Giving an employee “comp time” or hours that can be used toward getaway or sick time, rather than overtime spend for hours worked over 40 in a work week.

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

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

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

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

IT employees.

Service professionals.

Installers.

Sales agents.

Nurses and health care employees.

Tipped workers.

Oil and gas field employees.

Call center workers.

Personal bankers, home mortgage brokers, and AMLs.

Retail employees.

Strippers.

FedEx drivers.

Disaster relief workers.

Pizza delivery drivers.

What Is Employee Misclassification?

There are a variety of differences between employees and self-employed workers, also known as independent specialists or consultants. Unlike workers, who are told when and where to work, ensured a regular wage amount, and entitled to worker advantages, among other requirements, independent specialists normally deal with a short-term, contract basis with a company, and are invoiced for their work. Independent contractors are not entitled to worker advantages, and need to submit and keep their own taxes, as well.

However, in current years, some employers have abused category by misclassifying bonafide workers as professionals in an attempt to save cash and circumvent laws. This is most typically seen among “gig economy” workers, such as rideshare chauffeurs and delivery drivers.

Some examples of misclassifications include:

Misclassifying a worker as an independent professional to not have to abide by Equal Job opportunity Commission laws, which avoid employment discrimination.

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

Misclassifying staff members to prevent paying base pay.

How Is Defamation of Character Defined?

Defamation is typically defined as the act of damaging the reputation of an individual through slanderous (spoken) or libelous (written) comments. When libel takes place in the office, it has the potential to harm team morale, create alienation, or perhaps trigger long-lasting damage to a worker’s profession potential customers.

Employers are accountable for stopping damaging gossiping amongst employees if it is a regular and recognized event in the office. Defamation of character in the office might consist of instances such as:

An employer making harmful and unfounded allegations, such as claims of theft or incompetence, toward a worker during a performance evaluation

A worker spreading out a hazardous rumor about another employee that causes them to be declined for a job in other places

A worker spreading gossip about a worker that causes other colleagues to avoid them

What Is Considered Employer Retaliation?

It is illegal for a business to punish a staff member for submitting a grievance or suit against their company. This is considered employer retaliation. Although employees are legally safeguarded versus retaliation, it does not stop some employers from penalizing a worker who submitted a complaint in a variety of ways, such as:

Reducing the employee’s income

Demoting the worker

Re-assigning the employee to a less-desirable job

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

Excluding the employee from necessary 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 variety of federally mandated laws that secure staff members who need to take a prolonged duration of time off from work.

Under the Family Medical Leave Act (FMLA), employers should offer overdue leave time to staff members with a certifying household or specific medical scenario, such as leave for the birth or adoption of a child or delegate care for a partner, child, or moms and dad with a major health condition. If certified, employees are entitled to as much as 12 weeks of unpaid leave time under the FMLA without fear of endangering their job status.

The Uniformed Services Employment and Reemployment Rights Act (USERRA), employment on the other hand, guarantees certain securities to existing and previous uniformed service members who might require to be absent from civilian employment for a particular amount of time in order to serve in the militaries.

Leave of lack can be unfairly rejected in a variety of ways, including:

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

Demoting an who took a leave of absence to look after a dying moms and dad without simply cause

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

Retaliating versus a present or previous service member who took a leave of absence to serve in the armed forces

What Is Executive Compensation?

Executive payment is the mix of base money payment, employment delayed settlement, performance bonus offers, stock options, executive perks, severance bundles, and more, granted to high-level management staff members. Executive compensation plans have come under increased scrutiny by regulatory companies and investors alike. If you deal with a disagreement during the negotiation of your executive pay package, our attorneys may be able to help you.

Why Should I Contact a Morgan & Morgan Employment Attorney?

The employment and labor legal representatives at Morgan & Morgan have actually successfully pursued countless labor and employment claims for the individuals who require it most.

In addition to our successful track record of representing victims of labor and work claims, our labor attorneys also represent workers 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 someone you know may have been treated incorrectly by a company or another worker, do not think twice to contact our workplace. To discuss your legal rights and choices, submit our complimentary, no-obligation case evaluation form now.

What Does an Employment Attorney Do?

Documentation.
First, your designated legal team will gather records associated with your claim, including your contract, time sheets, and communications by means of e-mail or other work-related platforms.
These documents will help your attorney understand the degree of your claim and build your case for compensation.

Investigation.
Your attorney and legal group will examine your work environment claim in great detail to collect the required proof.
They will look at the documents you offer and may likewise look at employment records, agreements, and other workplace information.

Negotiation.
Your attorney will negotiate with the defense, beyond the courtroom, to assist 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 form.

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