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Mistreated on the Job?
Labor and Employment Attorneys
Rating Overview
Based upon 55,000 Select Nationwide Reviews
– The Fee Is Free Unless You Win ®
. -America’s Largest Injury Law office 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 lawyers file the a lot of employment lawsuits cases in the nation, consisting of those including wrongful termination, discrimination, harassment, wage theft, employee misclassification, character assassination, retaliation, rejection of leave, and executive pay disputes.
The office ought to be a safe place. Unfortunately, some workers undergo unjust and unlawful conditions by dishonest companies. Workers might not know what their rights in the office are, or may hesitate of speaking up versus their company in worry of retaliation. These labor violations can result in lost salaries and advantages, missed chances for development, and unnecessary tension.
Unfair and discriminatory labor practices versus staff members can take lots of kinds, consisting of wrongful termination, discrimination, harassment, rejection to offer a sensible lodging, of leave, employment company retaliation, and wage and hour offenses. Workers who are victim to these and other dishonest practices may not understand their rights, or might be afraid to speak up versus their employer for fear of retaliation.
At Morgan & Morgan, our work attorneys deal with a variety of civil litigation cases involving unjust labor practices against employees. Our attorneys have the understanding, devotion, and experience needed to represent employees in a large range of labor disagreements. In truth, Morgan & Morgan has actually been recognized for submitting more labor and employment cases than any other company.
If you believe you might have been the victim of unjust or prohibited treatment in the workplace, call us by finishing our free case evaluation form.
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If we handle the case, our group fights to get you the results you deserve.
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FAQ
Get answers to frequently asked questions 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 actually been the victim of:
Wrongful Termination.
Discrimination (e.g., sex, race, color, harassment, national origin, religious beliefs, age, and special needs).
Harassment (e.g., Sexual Harassment, Hostile Work Environment).
Unfair Labor Practices (e.g., denial of wages, 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 employees are release for reasons that are unreasonable or illegal. This is termed wrongful termination, wrongful discharge, or wrongful termination.
There are lots of circumstances that might be grounds for a wrongful termination claim, including:
Firing an employee out of retaliation.
Discrimination.
Firing a whistleblower.
Firing a worker who will not do something illegal for their company.
If you think you may have been fired without proper cause, our labor and employment lawyers may be able to assist you recuperate back pay, employment overdue incomes, and other forms of settlement.
What Are the Most Common Forms of Workplace Discrimination?
It is prohibited to discriminate against a job applicant or staff member on the basis of race, color, faith, sex, national origin, disability, or age. However, some employers do just that, causing a hostile and inequitable work environment where some workers are dealt with more positively than others.
Workplace discrimination can take lots of types. Some examples include:
Refusing to employ someone on the basis of their skin color.
Passing over a qualified female staff member for a promo in favor of a male staff member with less experience.
Not providing equal training chances for employees of different religious backgrounds.
Imposing job eligibility criteria that intentionally evaluates out individuals with specials needs.
Firing someone based upon a secured category.
What Are Some Examples of Workplace Harassment?
When employees are subjected to slurs, attacks, threats, ridicule, offensive jokes, unwanted sexual advances, or verbal or physical conduct of a sexual nature, it can be considered workplace harassment. Similar to workplace discrimination, workplace harassment develops a hostile and violent work environment.
Examples of work environment harassment consist of:
Making unwelcome comments about a worker’s look 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 unfavorable remarks about an employee’s religions.
Making prejudicial statements about an employee’s birthplace or family heritage.
Making negative remarks or jokes about the age of a staff member over the age of 40.
Workplace harassment can also take the kind of quid pro quo harassment. This means that the harassment leads to an intangible modification in an employee’s work status. For example, an employee might be forced to tolerate unwanted sexual advances from a supervisor as a condition of their continued work.
Which Industries Have the Most Overtime and Base Pay Violations?
The Fair Labor Standards Act (FLSA) developed 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 companies attempt to cut costs by rejecting employees their rightful pay through deceiving approaches. This is called wage theft, and consists of examples such as:
Paying an employee less than the federal base pay.
Giving an employee “comp time” or hours that can be used towards holiday or sick time, instead of overtime spend for hours worked over 40 in a work week.
Forcing tipped workers to pool their suggestions with non-tipped workers, such as supervisors or cooks.
Forcing workers to pay for tools of the trade or other expenditures that their employer should pay.
Misclassifying a worker that should be paid overtime as “exempt” by promoting them to a “supervisory” position without really changing the worker’s job tasks.
A few of the most susceptible professions to overtime and minimum wage offenses include:
IT employees.
Service technicians.
Installers.
Sales agents.
Nurses and health care employees.
Tipped employees.
Oil and gas field employees.
Call center workers.
Personal lenders, home loan brokers, and AMLs.
Retail employees.
Exotic dancers.
FedEx motorists.
Disaster relief employees.
Pizza delivery chauffeurs.
What Is Employee Misclassification?
There are a number of differences in between employees and self-employed employees, also known as independent specialists or consultants. Unlike workers, who are informed when and where to work, guaranteed a routine wage amount, and entitled to worker benefits, among other criteria, independent professionals typically deal with a short-term, agreement basis with a service, and are invoiced for their work. Independent contractors are not entitled to worker benefits, and should submit and withhold their own taxes, as well.
However, over the last few years, some companies have abused category by misclassifying bonafide employees as professionals in an attempt to save cash and prevent laws. This is most commonly seen amongst “gig economy” employees, such as rideshare drivers and shipment drivers.
Some examples of misclassifications include:
Misclassifying an employee as an independent specialist to not need to comply with Equal Employment Opportunity Commission laws, which avoid work discrimination.
Misclassifying a worker to avoid enrolling them in a health benefits plan.
Misclassifying staff members to avoid paying out base pay.
How Is Defamation of Character Defined?
Defamation is usually defined as the act of damaging the reputation of a person through slanderous (spoken) or false (written) remarks. When libel occurs in the office, it has the prospective to harm team morale, create alienation, or even trigger long-lasting damage to a worker’s career prospects.
Employers are accountable for putting a stop to harmful gossiping among employees if it is a routine and known incident in the office. Defamation of character in the work environment might consist of instances such as:
An employer making harmful and unfounded accusations, such as claims of theft or incompetence, towards an employee during a performance review
A worker spreading out a damaging rumor about another staff member that causes them to be denied for a task in other places
A worker dispersing chatter about an employee that causes other coworkers to prevent them
What Is Considered Employer Retaliation?
It is prohibited for a business to penalize an employee for submitting a complaint or suit versus their employer. This is considered employer retaliation. Although employees are lawfully safeguarded against retaliation, it does not stop some companies from penalizing a worker who filed a problem in a variety of methods, such as:
Reducing the employee’s wage
Demoting the employee
Re-assigning the worker to a less-desirable job
Re-assigning the employee to a shift that develops a work-family conflict
Excluding the employee from essential office activities such as training sessions
What If a Company Denies a Leave of Absence?
While leave of absence laws vary from one state to another, there are a number of federally mandated laws that secure staff members who must 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 family or individual medical situation, such as leave for the birth or adoption of a child or leave to take care of a spouse, child, or moms and dad with a major health condition. If qualified, employees are entitled to up to 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, warranties particular protections to existing and former uniformed service members who may need to be absent from civilian employment for a certain amount of time in order to serve in the militaries.
Leave of absence can be unjustly rejected in a number 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 a staff member who took a leave of lack to look after a dying parent without simply cause
Firing a re-employed service member who took a leave of absence to serve in the militaries without just cause
Retaliating versus an existing or previous service member who took a leave of lack to serve in the militaries
What Is Executive Compensation?
Executive settlement is the mix of base money settlement, postponed payment, performance rewards, stock alternatives, executive advantages, severance plans, and more, awarded to top-level management employees. Executive compensation bundles have actually come under increased examination by regulative companies and investors alike. If you deal with a disagreement during the settlement of your executive pay plan, our lawyers may have the ability to help you.
Why Should I Contact a Morgan & Morgan Employment Attorney?
The employment and labor attorneys at Morgan & Morgan have successfully pursued countless labor and employment claims for the people who require it most.
In addition to our effective track record of representing victims of labor and work claims, our labor attorneys likewise 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 understand might have been dealt with incorrectly by an employer or another worker, do not think twice to contact our workplace. To discuss your legal rights and alternatives, fill out our complimentary, no-obligation case review type now.
What Does an Employment Attorney Do?
Documentation.
First, your assigned legal team will collect records connected to your claim, including your contract, time sheets, and interactions by means of email or other work-related platforms.
These files will assist your attorney comprehend the extent of your claim and construct your case for compensation.
Investigation.
Your attorney and legal team will investigate your work environment claim in great detail to gather the needed evidence.
They will take a look at the documents you offer and may likewise look at employment records, contracts, and other work environment data.
Negotiation.
Your attorney will negotiate with the defense, beyond the courtroom, to assist get you the compensation you might be entitled to.
If settlement negotiations are unsuccessful, your attorney is prepared to go to trial and present your case in the greatest possible kind.
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