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Mistreated on the Job?

Labor and Employment Attorneys

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Were You Treated Unfairly While on the Job?

Morgan & Morgan's employment attorneys file the a lot of work litigation cases in the nation, consisting of those involving wrongful termination, discrimination, harassment, wage theft, staff member misclassification, defamation, retaliation, rejection of leave, and executive pay conflicts.

The workplace should be a safe place. Unfortunately, some employees go through unreasonable and illegal conditions by dishonest companies. Workers might not understand what their rights in the office are, or may hesitate of speaking out versus their company in fear of retaliation. These labor offenses can result in lost wages and advantages, missed opportunities for improvement, and unnecessary tension.

Unfair and discriminatory labor practices versus staff members can take lots of types, including wrongful termination, discrimination, harassment, pattern-wiki.win refusal to offer a reasonable accommodation, rejection of leave, company retaliation, and wage and hour infractions. Workers who are victim to these and other dishonest practices might not know their rights, or may hesitate to speak up versus their employer for fear of retaliation.

At Morgan & Morgan, our employment lawyers handle a variety of civil lawsuits cases including unjust labor practices versus employees. Our attorneys possess the knowledge, devotion, and experience required to represent workers in a wide variety of labor disagreements. In fact, Morgan & Morgan has actually been acknowledged for filing more labor and employment cases than any other firm.

If you believe you might have been the victim of unreasonable or illegal treatment in the workplace, contact us by finishing our free case evaluation type.

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FAQ

Get the answer to frequently 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, religious beliefs, age, and special needs).
Harassment (e.g., Sexual Harassment, Hostile Workplace).
Unfair Labor Practices (e.g., rejection of incomes, overtime, tip pooling, and equivalent 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 staff members are release for reasons that are unfair or illegal. This is termed wrongful termination, wrongful discharge, or wrongful dismissal.

There are lots of scenarios that may be grounds for a wrongful termination claim, consisting of:

Firing an employee out of retaliation.
Discrimination.
Firing a whistleblower.
Firing a staff member who won't do something illegal for their employer.
If you think you may have been fired without appropriate cause, our labor and work lawyers may have the to assist you recuperate back pay, unpaid earnings, and other types of compensation.

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

It is unlawful to discriminate against a job applicant or employee on the basis of race, color, religion, sex, nationwide origin, disability, or age. However, some employers do just that, leading to a hostile and inequitable work environment where some employees are dealt with more favorably than others.

Workplace discrimination can take lots of types. Some examples include:

Refusing to work with 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 offering equivalent training chances for workers of different spiritual backgrounds.
Imposing task eligibility criteria that intentionally evaluates out individuals with specials needs.
Firing somebody based on a safeguarded category.
What Are Some Examples of Workplace Harassment?

When employees go through slurs, assaults, risks, ridicule, offending jokes, unwanted sexual advances, or spoken or physical conduct of a sexual nature, it can be thought about workplace harassment. Similar to workplace discrimination, workplace harassment produces a hostile and abusive work environment.

Examples of workplace harassment consist of:

Making undesirable comments about an employee's look or body.
Telling a vulgar or sexual joke to a coworker.
Using slurs or racial epithets.
Making prejudicial statements about a worker's sexual preference.
Making unfavorable comments about a worker's religious beliefs.
Making prejudicial statements about a staff member's birth place or household heritage.
Making unfavorable comments or jokes about the age of a worker over the age of 40.
Workplace harassment can likewise take the type of quid pro quo harassment. This suggests that the harassment results in an intangible change in an employee's work status. For instance, an employee may be forced to endure sexual harassment from a manager as a condition of their continued employment.

Which Industries Have the Most Overtime and Base Pay Violations?

The Fair Labor Standards Act (FLSA) developed particular employees' 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 staff members.

However, some companies try to cut expenses by denying workers their rightful pay through sly techniques. This is called wage theft, and consists of examples such as:

Paying an employee less than the federal minimum wage.
Giving a worker "comp time" or disgaeawiki.info hours that can be utilized toward trip or ill time, instead of overtime pay 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 must be paid overtime as "exempt" by promoting them to a "supervisory" position without in fact changing the worker's task tasks.
Some of the most susceptible professions to overtime and minimum wage violations include:

IT workers.
Service specialists.
Installers.
Sales agents.
Nurses and health care workers.
Tipped staff members.
Oil and gas field workers.
Call center employees.
Personal lenders, home loan brokers, and AMLs.
Retail staff members.
Exotic dancers.
FedEx drivers.
Disaster relief workers.
Pizza shipment chauffeurs.
What Is Employee Misclassification?

There are a number of distinctions in between workers and self-employed employees, also called independent contractors or consultants. Unlike staff members, who are informed when and where to work, guaranteed a regular wage amount, and entitled to worker advantages, to name a few requirements, independent specialists generally work on a short-term, agreement basis with an organization, and are invoiced for their work. Independent specialists are not entitled to worker benefits, and need to file and keep their own taxes, too.

However, in the last few years, some employers have abused classification by misclassifying bonafide workers as professionals in an attempt to save money and circumvent laws. This is most typically seen among "gig economy" workers, such as rideshare drivers and shipment motorists.

Some examples of misclassifications include:

Misclassifying a worker as an independent specialist to not have to comply with Equal Employment Opportunity Commission laws, which prevent employment discrimination.
Misclassifying a worker to avoid registering them in a health benefits prepare.
Misclassifying employees to avoid paying base pay.
How Is Defamation of Character Defined?

Defamation is generally specified as the act of harming the reputation of an individual through slanderous (spoken) or false (written) remarks. When character assassination takes place in the office, it has the prospective to damage group morale, produce alienation, or even cause long-lasting damage to a worker's profession prospects.

Employers are accountable for stopping hazardous gossiping amongst employees if it is a routine and known event in the office. Defamation of character in the work environment may include circumstances such as:

A company making harmful and unfounded accusations, such as claims of theft or incompetence, toward an employee during a performance evaluation
A worker spreading out a harmful rumor about another employee that triggers them to be turned down for a job somewhere else
A staff member spreading chatter about a worker that triggers other coworkers to prevent them
What Is Considered Employer Retaliation?

It is prohibited for a company to punish a staff member for filing a grievance or lawsuit versus their employer. This is thought about company retaliation. Although employees are lawfully protected versus retaliation, it doesn't stop some employers from punishing a staff member who submitted a complaint in a variety of ways, such as:

Reducing the worker's income
Demoting the worker
Re-assigning the employee to a less-desirable task
Re-assigning the employee to a shift that develops a work-family dispute
Excluding the employee from essential office activities such as training sessions
What If a Business Denies a Leave of Absence?

While leave of lack laws differ from state to state, there are a number of federally mandated laws that safeguard employees who need to take a prolonged amount of time off from work.

Under the Family Medical Leave Act (FMLA), companies need to offer unpaid leave time to staff members with a qualifying family or individual medical scenario, such as leave for the birth or adoption of a baby or delegate look after a partner, child, or moms and dad with a major health condition. If certified, employees are entitled to up to 12 weeks of overdue leave time under the FMLA without fear of threatening their job status.

The Uniformed Services Employment and Reemployment Rights Act (USERRA), on the other hand, guarantees certain protections to present and former uniformed service members who might require to be missing from civilian work for a particular time period in order to serve in the armed forces.

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

Firing a worker who took a leave of absence for the birth or adoption of their child without just cause
Demoting a worker who took a leave of absence to care for a passing away parent 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 versus a current or former service member who took a leave of absence to serve in the militaries
What Is Executive Compensation?

Executive settlement is the mix of base cash settlement, postponed compensation, efficiency benefits, stock alternatives, executive benefits, severance packages, and more, granted to high-level management staff members. Executive payment plans have come under increased scrutiny by regulative agencies and shareholders alike. If you face a dispute during the negotiation of your executive pay package, our attorneys may be able to assist you.

Why Should I Contact a Morgan & Morgan Employment Attorney?

The work and labor lawyers at Morgan & Morgan have effectively pursued countless labor and employment claims for the individuals who require it most.

In addition to our successful performance history of representing victims of labor and employment claims, our labor lawyers also represent employees 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 may have been dealt with improperly by an employer or another worker, do not be reluctant to call our office. To discuss your legal rights and options, complete our totally free, no-obligation case review type now.

What Does a Work Attorney Do?

Documentation. First, your appointed legal group will gather records associated with your claim, including your contract, time sheets, and communications via email or other work-related platforms. These documents will assist your attorney comprehend the level of your claim and build your case for compensation.

Investigation. Your attorney and legal team will investigate your office claim in excellent information to collect the essential evidence. They will look at the files you offer and may also take a look at work records, contracts, and other office information.

Negotiation. Your lawyer will negotiate with the defense, outside of the courtroom, to assist get you the payment you may be entitled to. If settlement negotiations are not successful, your attorney is prepared to go to trial and present your case in the greatest possible kind.

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