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Mistreated on the Job?
Labor and Employment Attorneys
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. -America’s Largest Injury Law practice ™.
– Protecting Families Since 1988.
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Were You Treated Unfairly While on the Job?
Morgan & Morgan’s employment lawyers submit the many work lawsuits cases in the nation, consisting of those including wrongful termination, discrimination, harassment, wage theft, staff member misclassification, defamation, retaliation, denial of leave, and executive pay disagreements.
The work environment needs to be a safe location. Unfortunately, some workers undergo unreasonable and illegal conditions by dishonest companies. Workers may not know what their rights in the workplace are, or may be afraid of speaking out versus their employer in fear of retaliation. These labor violations can result in lost earnings and advantages, missed out on chances for development, and undue tension.
Unfair and inequitable labor practices against workers can take lots of types, including wrongful termination, discrimination, harassment, refusal to give an affordable accommodation, rejection of leave, company retaliation, and wage and hour violations. Workers who are victim to these and other dishonest practices may not know their rights, or might hesitate to speak out against their company for worry of retaliation.
At Morgan & Morgan, our work attorneys handle a range of civil lawsuits cases including unjust labor practices against staff members. Our attorneys possess the understanding, commitment, and experience needed to represent employees in a wide variety of labor conflicts. In reality, Morgan & Morgan has actually been acknowledged for filing more labor and employment cases than any other company.
If you believe you may have been the victim of unfair or illegal treatment in the office, call us by completing our complimentary case examination form.
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FAQ
Get the answer to typically 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 people who have actually been the victim of:
Wrongful Termination.
Discrimination (e.g., sex, race, color, harassment, national origin, faith, age, and disability).
Harassment (e.g., Sexual Harassment, Hostile Work Environment).
Unfair Labor Practices (e.g., rejection of salaries, overtime, pointer 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 staff members are release for reasons that are unfair or prohibited. This is described wrongful termination, wrongful discharge, or wrongful termination.
There are many situations that might be grounds for a wrongful termination claim, consisting of:
Firing a staff member out of retaliation.
Discrimination.
Firing a whistleblower.
Firing an employee who won’t do something prohibited for their company.
If you think you may have been fired without proper cause, our labor and employment lawyers might have the ability to help you recuperate back pay, unsettled salaries, and other forms of compensation.
What Are the Most Common Forms of Workplace Discrimination?
It is prohibited to discriminate against a job candidate or employee on the basis of race, color, faith, sex, national origin, impairment, or age. However, some employers do simply that, leading to a hostile and inequitable office where some employees are treated more positively than others.
Workplace discrimination can take numerous types. Some examples consist of:
Refusing to employ someone on the basis of their skin color.
Passing over a certified female worker for a promotion in favor of a male worker with less experience.
Not supplying equal training opportunities for workers of different religious backgrounds.
Imposing task eligibility criteria that intentionally screens out individuals with impairments.
Firing someone based on a safeguarded category.
What Are Some Examples of Workplace Harassment?
When employees undergo slurs, assaults, risks, ridicule, offensive jokes, undesirable sexual advances, or spoken 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 workplace harassment consist of:
Making unwanted comments about an employee’s look or body.
Telling a vulgar or sexual joke to a colleague.
Using slurs or racial epithets.
Making prejudicial declarations about a preference.
Making unfavorable comments about an employee’s religions.
Making prejudicial declarations about an employee’s birthplace or household heritage.
Making unfavorable comments or jokes about the age of an employee over the age of 40.
Workplace harassment can likewise take the kind of quid professional quo harassment. This indicates that the harassment results in an intangible modification in a staff member’s employment status. For example, a worker may be forced to tolerate unwanted sexual advances from a supervisor as a condition of their continued employment.
Which Industries Have the Most Overtime and Minimum Wage Violations?
The Fair Labor Standards Act (FLSA) established particular employees‘ rights, consisting of 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 employers attempt to cut costs by denying workers their rightful pay through deceitful methods. 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 utilized toward vacation or sick time, instead of overtime pay for hours worked over 40 in a work week.
Forcing tipped workers to pool their ideas with non-tipped employees, such as managers or cooks.
Forcing workers to spend for tools of the trade or other costs that their company should pay.
Misclassifying an employee that ought to be paid overtime as „exempt“ by promoting them to a „supervisory“ position without in fact altering the worker’s job responsibilities.
A few of the most vulnerable professions to overtime and base pay infractions include:
IT workers.
Service specialists.
Installers.
Sales representatives.
Nurses and healthcare workers.
Tipped staff members.
Oil and gas field employees.
Call center workers.
Personal bankers, home mortgage brokers, and AMLs.
Retail workers.
Strippers.
FedEx motorists.
Disaster relief workers.
Pizza delivery drivers.
What Is Employee Misclassification?
There are a variety of distinctions in between staff members and self-employed workers, also understood as independent professionals or consultants. Unlike workers, who are told when and where to work, ensured a routine wage amount, and entitled to staff member advantages, to name a few criteria, independent professionals normally deal with a short-term, agreement basis with an organization, and are invoiced for their work. Independent specialists are not entitled to employee benefits, and should file and keep their own taxes, as well.
However, in recent years, some companies have abused category by misclassifying bonafide workers as contractors in an effort to save cash and prevent laws. This is most commonly seen among „gig economy“ workers, such as rideshare drivers and shipment motorists.
Some examples of misclassifications consist of:
Misclassifying a worker as an independent specialist to not need to abide by Equal Employment Opportunity Commission laws, which avoid employment discrimination.
Misclassifying an employee to avoid enrolling them in a health benefits plan.
Misclassifying employees to avoid paying base pay.
How Is Defamation of Character Defined?
Defamation is normally specified as the act of harming the track record of a person through slanderous (spoken) or defamatory (written) comments. When disparagement takes place in the work environment, it has the prospective to hurt team morale, develop alienation, or even cause long-lasting damage to an employee’s career prospects.
Employers are accountable for stopping harmful gossiping amongst employees if it is a routine and recognized incident in the workplace. Defamation of character in the office may consist of instances such as:
An employer making damaging and unfounded accusations, such as claims of theft or incompetence, toward an employee during a performance evaluation
An employee spreading a harmful report about another staff member that triggers them to be refused for a job in other places
A worker spreading gossip about an employee that triggers other colleagues to avoid them
What Is Considered Employer Retaliation?
It is unlawful for a business to punish a worker for submitting a problem or lawsuit versus their company. This is considered employer retaliation. Although employees are legally secured versus retaliation, it doesn’t stop some companies from punishing an employee who filed a complaint in a range of methods, referall.us such as:
Reducing the worker’s wage
Demoting the worker
Re-assigning the worker to a less-desirable job
Re-assigning the employee to a shift that creates a work-family conflict
Excluding the worker from vital office activities such as training sessions
What If a Company Denies a Leave of Absence?
While leave of absence laws differ from one state to another, there are a variety of federally mandated laws that safeguard staff members who need to take an extended amount of time off from work.
Under the Family Medical Leave Act (FMLA), employers should offer overdue leave time to staff members with a qualifying family or private medical scenario, such as leave for the birth or adoption of a child or leave to look after a partner, kid, or moms and dad with a serious health condition. If qualified, workers 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 particular defenses to present and former uniformed service members who may require to be missing from civilian employment for a certain amount of time in order to serve in the militaries.
Leave of lack can be unfairly denied in a number of methods, consisting of:
Firing a worker who took a leave of absence for the birth or adoption of their baby without just cause
Demoting a worker who took a leave of absence to look after a dying parent without just cause
Firing a re-employed service member who took a leave of absence to serve in the militaries without simply cause
Retaliating against a present or former 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 cash compensation, postponed payment, efficiency bonus offers, stock options, executive perks, severance packages, and more, granted to top-level management staff members. Executive compensation plans have actually come under increased examination by regulatory agencies and shareholders alike. If you deal with a disagreement during the settlement of your executive pay bundle, our attorneys might have the ability to assist you.
Why Should I Contact a Morgan & Morgan Employment Attorney?
The work and labor attorneys at Morgan & Morgan have effectively pursued countless labor and employment claims for individuals who require it most.
In addition to our effective performance history of representing victims of labor and employment claims, our labor attorneys also represent staff members before administrative firms 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 might have been treated improperly by an employer or another employee, do not think twice to call our workplace. To discuss your legal rights and options, submit our free, no-obligation case review kind now.
What Does an Employment Attorney Do?
Documentation.
First, your assigned legal group will gather records associated with your claim, including your agreement, time sheets, and interactions via e-mail or other job-related platforms.
These documents will assist your attorney understand the degree of your claim and construct your case for compensation.
Investigation.
Your lawyer and legal team will examine your workplace claim in great information to gather the necessary evidence.
They will take a look at the documents you offer and may likewise look at employment records, agreements, and other work environment data.
Negotiation.
Your lawyer will negotiate with the defense, beyond the courtroom, to assist get you the payment you may be entitled to.
If settlement negotiations are unsuccessful, your attorney is prepared to go to trial and present your case in the strongest possible form.
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