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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 file the most employment lawsuits cases in the country, including those including wrongful termination, discrimination, harassment, wage theft, employee misclassification, libel, retaliation, rejection of leave, and executive pay disagreements.
The office ought to be a safe location. Unfortunately, some workers are subjected to unreasonable and prohibited conditions by deceitful employers. Workers may not understand what their rights in the workplace are, or employment might hesitate of speaking up versus their company in worry of retaliation. These labor infractions can cause lost salaries and advantages, missed chances for improvement, and unnecessary stress.
Unfair and inequitable labor practices against employees can take lots of kinds, including wrongful termination, discrimination, harassment, refusal to provide a reasonable accommodation, rejection of leave, employer retaliation, and wage and hour violations. Workers who are victim to these and other unethical practices may not understand their rights, or might hesitate to speak up versus their company for worry of retaliation.
At Morgan & Morgan, our work lawyers handle a range of civil litigation cases including unreasonable labor practices versus employees. Our lawyers possess the understanding, devotion, and experience needed to represent workers in a large range of labor employment disputes. In fact, Morgan & Morgan has been acknowledged for submitting more labor and cases than any other firm.
If you believe you may have been the victim of unreasonable or unlawful treatment in the work environment, contact us by finishing our free case examination type.
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FAQ
Get the answer to frequently asked questions about our legal services and learn 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, nationwide origin, religion, age, and impairment).
Harassment (e.g., Unwanted sexual advances, Hostile Work Environment).
Unfair Labor Practices (e.g., denial of earnings, employment 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 claims.
Executive Pay Disputes.
What Constitutes Wrongful Termination?
Sometimes employees are release for reasons that are unjust or illegal. This is described wrongful termination, wrongful discharge, or wrongful dismissal.
There are many scenarios that may be premises for a wrongful termination lawsuit, including:
Firing a worker out of retaliation.
Discrimination.
Firing a whistleblower.
Firing an employee who won’t do something unlawful for their employer.
If you believe you might have been fired without proper cause, our labor and employment lawyers may be able to assist you recover back pay, unpaid incomes, 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 worker on the basis of race, color, religious beliefs, sex, nationwide origin, special needs, or age. However, some employers do just that, leading to a hostile and inequitable workplace where some workers are treated more positively than others.
Workplace discrimination can take numerous types. Some examples consist of:
Refusing to work with someone 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 offering equal training chances for workers of different religious backgrounds.
Imposing job eligibility requirements that deliberately screens out individuals with disabilities.
Firing somebody based upon a safeguarded category.
What Are Some Examples of Workplace Harassment?
When workers are subjected to slurs, attacks, threats, ridicule, offending jokes, unwelcome 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 abusive work environment.
Examples of office harassment include:
Making unwanted comments about a worker’s appearance or body.
Telling a vulgar or sexual joke to a coworker.
Using slurs or racial epithets.
Making prejudicial statements about an employee’s sexual orientation.
Making negative remarks about an employee’s religions.
Making prejudicial declarations about a worker’s birth place or family heritage.
Making negative remarks or jokes about the age of an employee over the age of 40.
Workplace harassment can also take the kind of quid pro quo harassment. This suggests that the harassment leads to an intangible modification in a staff member’s work status. For example, a worker might be required to endure unwanted sexual advances 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) established certain 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 staff members.
However, some companies try to cut costs by rejecting 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 base pay.
Giving a worker “comp time” or hours that can be utilized towards vacation or ill time, rather than overtime pay for hours worked over 40 in a work week.
Forcing tipped workers to pool their suggestions with non-tipped employees, such as managers or cooks.
Forcing employees to spend for tools of the trade or other expenses that their company ought to pay.
Misclassifying an employee that ought to be paid overtime as “exempt” by promoting them to a “managerial” position without really changing the worker’s task tasks.
Some of the most susceptible occupations to overtime and base pay violations include:
IT employees.
Service technicians.
Installers.
Sales representatives.
Nurses and healthcare employees.
Tipped employees.
Oil and gas field employees.
Call center workers.
Personal bankers, home loan brokers, and AMLs.
Retail staff members.
Strippers.
FedEx drivers.
Disaster relief workers.
Pizza delivery chauffeurs.
What Is Employee Misclassification?
There are a number of distinctions between employees and self-employed workers, also understood as independent professionals or consultants. Unlike staff members, who are informed when and where to work, ensured a regular wage quantity, and entitled to employee advantages, among other requirements, independent professionals normally deal with a short-term, agreement basis with a company, and are invoiced for their work. Independent specialists are not entitled to worker advantages, and should submit 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 cash and prevent laws. This is most typically seen among “gig economy” workers, such as rideshare drivers and shipment motorists.
Some examples of misclassifications consist of:
Misclassifying an employee as an independent contractor to not have to comply with Equal Employment Opportunity Commission laws, which prevent employment discrimination.
Misclassifying a worker to avoid enrolling them in a health benefits prepare.
Misclassifying staff members to prevent paying base pay.
How Is Defamation of Character Defined?
Defamation is normally specified as the act of damaging the credibility of an individual through slanderous (spoken) or libelous (written) comments. When libel occurs in the workplace, it has the prospective to hurt group morale, develop alienation, or even trigger long-term damage to a worker’s career potential customers.
Employers are responsible for putting a stop to damaging gossiping among workers if it is a regular and known event in the work environment. Defamation of character in the work environment may include circumstances such as:
An employer making harmful and unfounded allegations, such as claims of theft or incompetence, toward an employee throughout an efficiency evaluation
A worker spreading a harmful report about another worker that triggers them to be denied for a task elsewhere
A staff member dispersing chatter about a worker that triggers other coworkers to avoid them
What Is Considered Employer Retaliation?
It is illegal for a company to punish a staff member for filing a complaint or suit against their company. This is thought about company retaliation. Although employees are lawfully protected versus retaliation, it doesn’t stop some companies from penalizing an employee who filed a problem in a range of methods, such as:
Reducing the worker’s salary
Demoting the worker
Re-assigning the employee to a less-desirable job
Re-assigning the worker to a shift that produces a work-family conflict
Excluding the employee from essential work environment activities such as training sessions
What If a Business Denies a Leave of Absence?
While leave of absence laws vary from state to state, there are a variety of federally mandated laws that protect staff members who need to take a prolonged period of time off from work.
Under the Family Medical Leave Act (FMLA), employers must use unpaid leave time to employees with a certifying household or individual medical circumstance, such as leave for the birth or adoption of an infant or delegate look after a partner, child, or parent with a serious health condition. If qualified, workers are entitled to approximately 12 weeks of unpaid leave time under the FMLA without worry of endangering their job status.
The Uniformed Services Employment and Reemployment Rights Act (USERRA), on the other hand, guarantees certain protections to existing and former uniformed service members who might require to be absent from civilian work for a specific time period in order to serve in the armed forces.
Leave of absence can be unfairly denied in a variety of ways, including:
Firing a worker who took a leave of lack for the birth or adoption of their child without simply cause
Demoting a staff member who took a leave of absence to take care of a passing away moms and dad without just cause
Firing a re-employed service member who took a leave of absence to serve in the armed forces without just cause
Retaliating versus an existing or employment 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 settlement, deferred compensation, performance rewards, stock choices, executive benefits, severance plans, and more, awarded to high-level management workers. Executive compensation packages have come under increased scrutiny by regulatory companies and shareholders alike. If you deal with a conflict during the settlement of your executive pay bundle, our attorneys might be able to assist you.
Why Should I Contact a Morgan & Morgan Employment Attorney?
The work and labor attorneys at Morgan & Morgan have successfully pursued thousands of labor and work claims for the people who need it most.
In addition to our successful track record of representing victims of labor and employment claims, our labor attorneys also represent employees before administrative agencies such as the Equal Job Opportunity Commission (EEOC), Department of Labor (DOL), Occupational Safety and Health Administration (OSHA), and employment National Labor Relations Board (NLRB).
If you or somebody you understand may have been dealt with improperly by a company or another employee, do not hesitate to call our office. To discuss your legal rights and options, fill out our totally free, no-obligation case evaluation form now.
What Does a Work Attorney Do?
Documentation.
First, your assigned legal group will collect records associated with your claim, including your agreement, time sheets, and interactions by means of email or other work-related platforms.
These documents will help your lawyer comprehend the extent of your claim and construct your case for settlement.
Investigation.
Your lawyer and legal team will investigate your work environment claim in terrific information to collect the required evidence.
They will look at the documents you supply and may also look at work records, agreements, and other office information.
Negotiation.
Your lawyer will negotiate with the defense, beyond the courtroom, to assist get you the settlement you might be entitled to.
If settlement negotiations are not successful, your lawyer is prepared to go to trial and present your case in the greatest possible type.
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