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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 practice ™.
– 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 employment attorneys file one of the most work lawsuits cases in the country, consisting of those including wrongful termination, discrimination, harassment, wage theft, employee misclassification, disparagement, retaliation, rejection of leave, and executive pay disagreements.
The office must be a safe place. Unfortunately, some employees go through unjust and illegal conditions by deceitful employers. Workers may not understand what their rights in the work environment are, or might be afraid of speaking up versus their company in worry of retaliation. These labor offenses can result in lost wages and benefits, missed chances for advancement, and employment unnecessary stress.
Unfair and discriminatory labor practices against staff members can take many forms, including wrongful termination, discrimination, employment harassment, refusal to offer a sensible lodging, rejection of leave, employer retaliation, and wage and hour infractions. Workers who are victim to these and other dishonest practices may not understand their rights, or may hesitate to speak out against their employer for fear of retaliation.
At Morgan & Morgan, our work lawyers manage a variety of civil litigation cases involving unfair labor employment practices versus staff members. Our attorneys have the understanding, devotion, and experience required to represent employees in a wide variety of labor conflicts. In truth, Morgan & Morgan has 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 unlawful treatment in the workplace, contact us by completing our totally free case assessment kind.
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If we handle the case, our group battles to get you the outcomes you are worthy of.
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Results may vary depending upon your specific realities and legal situations.
FAQ
Get the answer to typically asked concerns about our legal services and learn how we may 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, religious beliefs, age, and disability).
Harassment (e.g., Sexual Harassment, Hostile Work Environment).
Unfair Labor Practices (e.g., rejection of salaries, 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 factors that are unjust or unlawful. This is called wrongful termination, wrongful discharge, or wrongful dismissal.
There are lots of situations that may be premises for a wrongful termination lawsuit, consisting of:
Firing an employee out of retaliation.
Discrimination.
Firing a whistleblower.
Firing a staff member who won’t do something prohibited for their company.
If you think you may have been fired without appropriate cause, our labor and employment attorneys might be able to assist you recover back pay, unsettled incomes, and other types of payment.
What Are one of the most Common Forms of Workplace Discrimination?
It is unlawful to discriminate versus a job applicant or staff member on the basis of race, color, religious beliefs, sex, employment nationwide origin, special needs, or age. However, some employers do just that, causing a hostile and inequitable work environment 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 qualified female staff member for a promo in favor of a male staff member with less experience.
Not supplying equivalent training opportunities for employees of different religious backgrounds.
Imposing job eligibility criteria that deliberately evaluates out people with specials needs.
Firing somebody based upon a protected classification.
What Are Some Examples of Workplace Harassment?
When workers go through slurs, assaults, threats, ridicule, offending jokes, unwelcome sexual advances, or verbal 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 work environment.
Examples of work environment harassment include:
Making unwanted comments about a worker’s look or body.
Telling a repulsive or sexual joke to a coworker.
Using slurs or racial epithets.
Making prejudicial statements about an employee’s sexual orientation.
Making unfavorable comments about a staff member’s religions.
Making prejudicial statements about a staff member’s birth place or household heritage.
Making negative comments or jokes about the age of a staff member over the age of 40.
Workplace harassment can likewise take the form of quid professional quo harassment. This means that the harassment results in an intangible change in a worker’s work status. For instance, a staff member may be required to endure sexual harassment 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 workers’ rights, including the right to a minimum wage (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 costs by rejecting workers their rightful pay through sly methods. This is called wage theft, and consists of examples such as:
Paying a worker less than the federal minimum wage.
Giving a worker “comp time” or hours that can be used towards holiday 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 supervisors or cooks.
Forcing employees to pay for tools of the trade or other expenditures that their company ought to pay.
Misclassifying a worker that must be paid overtime as “exempt” by promoting them to a “managerial” position without actually altering the employee’s job responsibilities.
Some of the most susceptible professions to overtime and minimum wage infractions include:
IT workers.
Service professionals.
Installers.
Sales representatives.
Nurses and health care workers.
Tipped staff members.
Oil and gas field workers.
Call center workers.
Personal lenders, home loan brokers, and AMLs.
Retail staff members.
Strippers.
FedEx motorists.
Disaster relief workers.
Pizza delivery drivers.
What Is Employee Misclassification?
There are a variety of between staff members and self-employed employees, also referred to as independent professionals or consultants. Unlike employees, who are informed when and where to work, guaranteed a routine wage quantity, and entitled to staff member benefits, to name a few requirements, independent professionals generally deal with a short-term, contract basis with a service, and are invoiced for their work. Independent specialists are not entitled to employee benefits, and need to submit and withhold their own taxes, as well.
However, recently, some companies have actually abused category by misclassifying bonafide workers as professionals in an attempt to save money and circumvent laws. This is most frequently seen among “gig economy” workers, such as rideshare chauffeurs and shipment drivers.
Some examples of misclassifications consist of:
Misclassifying an employee as an independent specialist to not need to abide by Equal Employment Opportunity Commission laws, which prevent work discrimination.
Misclassifying a worker to avoid enrolling them in a health benefits prepare.
Misclassifying workers to avoid paying minimum wage.
How Is Defamation of Character Defined?
Defamation is normally defined as the act of harming the track record of a person through slanderous (spoken) or libelous (written) comments. When disparagement occurs in the workplace, it has the possible to damage group spirits, create alienation, or perhaps trigger long-lasting damage to an employee’s profession prospects.
Employers are accountable for putting a stop to hazardous gossiping among employees if it is a routine and recognized incident in the workplace. Defamation of character in the office may include circumstances such as:
An employer making harmful and unfounded claims, such as claims of theft or incompetence, towards a staff member during a performance evaluation
A staff member spreading a damaging report about another staff member that causes them to be refused for a job elsewhere
A worker spreading chatter about an employee that triggers other coworkers to prevent them
What Is Considered Employer Retaliation?
It is unlawful for a company to penalize a staff member for filing a grievance or lawsuit versus their employer. This is thought about company retaliation. Although employees are legally secured against retaliation, it doesn’t stop some companies from punishing a worker who filed a grievance in a variety of ways, such as:
Reducing the worker’s salary
Demoting the employee
Re-assigning the worker to a less-desirable job
Re-assigning the employee to a shift that produces a work-family conflict
Excluding the employee from necessary workplace activities such as training sessions
What If a Company Denies a Leave of Absence?
While leave of lack laws vary from state to state, there are a number of federally mandated laws that protect workers who must take an extended time period off from work.
Under the Family Medical Leave Act (FMLA), employers should use unsettled leave time to workers with a certifying family or private medical situation, such as leave for the birth or adoption of a baby or delegate look after a partner, kid, or moms and dad with a serious health condition. If qualified, employees are entitled to approximately 12 weeks of unpaid leave time under the FMLA without worry of jeopardizing their task status.
The Uniformed Services Employment and Reemployment Rights Act (USERRA), on the other hand, guarantees certain defenses to present and former uniformed service members who may require to be missing from civilian work for a specific amount of time in order to serve in the armed forces.
Leave of lack can be unjustly denied in a variety of ways, consisting of:
Firing a staff member who took a leave of lack for the birth or adoption of their baby without just cause
Demoting an employee who took a leave of lack to care for a dying moms and dad without just 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 employment previous service member who took a leave of absence to serve in the militaries
What Is Executive Compensation?
Executive compensation is the combination of base cash payment, postponed settlement, efficiency bonus offers, stock options, executive advantages, severance plans, and more, awarded to top-level management employees. Executive compensation plans have come under increased examination by regulative companies and investors alike. If you deal with a disagreement throughout the negotiation of your executive pay plan, our attorneys may have the ability to assist you.
Why Should I Contact a Morgan & Morgan Employment Attorney?
The work and labor lawyers at Morgan & Morgan have actually effectively pursued thousands of labor and work claims for individuals who require it most.
In addition to our effective performance history of representing victims of labor and work claims, our labor lawyers likewise represent workers 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 somebody you understand might have been treated poorly by a company or another worker, do not hesitate to call our workplace. To discuss your legal rights and alternatives, fill out our totally free, no-obligation case review form now.
What Does an Employment Attorney Do?
Documentation.
First, your designated legal team will collect records associated with your claim, including your contract, time sheets, and interactions through email or other job-related platforms.
These files will help your attorney understand the level of your claim and develop your case for settlement.
Investigation.
Your attorney and legal team will examine your work environment claim in fantastic information to collect the required evidence.
They will take a look at the files you offer and may likewise look at work records, agreements, and other workplace 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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