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Labor and Employment Attorneys

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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, employment including those involving wrongful termination, discrimination, harassment, wage theft, worker misclassification, character assassination, retaliation, denial of leave, and executive pay conflicts.

The office should be a safe place. Unfortunately, some employees undergo unfair and unlawful conditions by deceitful companies. Workers might not understand what their rights in the workplace are, or might hesitate of speaking out against their employer in fear of retaliation. These labor offenses can lead to lost salaries and benefits, missed chances for development, and excessive stress.

Unfair and discriminatory labor practices versus staff members can take lots of forms, consisting of wrongful termination, discrimination, harassment, refusal to give a reasonable accommodation, rejection of leave, employer retaliation, and employment 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 versus their employer for fear of retaliation.

At Morgan & Morgan, our work lawyers manage a variety of civil litigation cases including unfair labor practices against staff members. Our lawyers possess the understanding, devotion, and experience required to represent employees in a vast array of labor disagreements. In reality, Morgan & Morgan has actually been recognized for filing more labor and employment cases than any other firm.

If you think you may have been the victim of unreasonable or illegal treatment in the office, call us by finishing our totally free case examination type.

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How it works

It’s easy to start. The Fee Is Free ®. Only pay if we win.

Step 1

Submit. your claim

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Step 2

We take. action

Our devoted team gets to work investigating your claim.

Step 3

We battle. for you

If we take on the case, our team battles to get you the results you deserve.

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Explore over 55,000 5-star evaluations and 800 customer testimonials to discover why people trust Morgan & Morgan.

Results may vary depending on your particular realities and legal situations.

FAQ

Get the answer to typically asked questions about our legal services and learn how we might help you with your case.

What Does Labor Law and Employment Law Cover?

Our practice represents individuals who have been the victim of:

Wrongful Termination.
Discrimination (e.g., sex, race, color, harassment, national origin, faith, age, and impairment).
Harassment (e.g., Sexual Harassment, Hostile Work Environment).
Unfair Labor Practices (e.g., denial of wages, overtime, pointer 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 workers are let go for factors that are unjust or illegal. This is called wrongful termination, wrongful discharge, or wrongful termination.

There are numerous situations that may be grounds for a wrongful termination claim, consisting of:

Firing an employee out of retaliation.
Discrimination.
Firing a whistleblower.
Firing an employee who will not do something unlawful for their company.
If you believe you might have been fired without proper cause, our labor and work attorneys might have the ability to help you recover back pay, overdue salaries, and other forms of settlement.

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

It is prohibited to victimize a task candidate or employee on the basis of race, color, religious beliefs, sex, national origin, disability, or age. However, some companies do just that, leading to a hostile and inequitable workplace where some workers are treated more positively than others.

Workplace discrimination can take many kinds. Some examples consist of:

Refusing to employ someone on the basis of their skin color.
Passing over a certified female employee for a promotion in favor of a male worker with less experience.
Not providing equivalent training opportunities for workers of different spiritual backgrounds.
Imposing task eligibility requirements that intentionally screens out people with specials needs.
Firing somebody based upon a safeguarded category.
What Are Some Examples of Workplace Harassment?

When employees are subjected to slurs, assaults, employment hazards, 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, work environment harassment produces a hostile and violent workplace.

Examples of work environment harassment include:

Making unwanted remarks about a worker’s appearance or body.
Telling a repulsive or sexual joke to a coworker.
Using slurs or racial epithets.
Making prejudicial declarations about an employee’s sexual orientation.
Making unfavorable remarks about an employee’s faiths.
Making prejudicial statements about a staff member’s birthplace or family heritage.
Making negative remarks or jokes about the age of a worker over the age of 40.
Workplace harassment can also take the form of quid pro quo harassment. This indicates that the harassment leads to an intangible modification in an employee’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 one of the most Overtime and Minimum Wage 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 spend for all hours worked over 40 in a workweek for non-exempt workers.

However, some companies attempt to cut expenses by denying employees their rightful pay through deceitful 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 used towards vacation or sick time, instead of overtime pay for hours worked over 40 in a work week.
Forcing tipped employees to pool their ideas with non-tipped workers, such as managers or cooks.
Forcing employees to pay for tools of the trade or other expenditures that their company should pay.
Misclassifying a worker that needs to be paid overtime as “exempt” by promoting them to a “managerial” position without actually altering the employee’s job responsibilities.
A few of the most vulnerable professions to overtime and base pay infractions include:

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

There are a variety of distinctions between employees and self-employed employees, also understood as independent professionals or experts. Unlike employees, who are informed when and where to work, guaranteed a routine wage quantity, and entitled to worker advantages, to name a few criteria, independent specialists typically work on a short-term, contract basis with a service, and are invoiced for their work. Independent professionals are not entitled to worker advantages, and should submit and keep their own taxes, too.

However, over the last few years, some employers have actually abused classification by misclassifying bonafide employees as professionals in an effort to save cash and prevent laws. This is most frequently seen among “gig economy” employees, such as rideshare motorists and delivery motorists.

Some examples of misclassifications include:

Misclassifying an employee as an independent contractor to not have to adhere to Equal Employment Opportunity Commission laws, which avoid work discrimination.
Misclassifying a worker to avoid registering them in a health benefits prepare.
Misclassifying staff members to avoid paying out base pay.
How Is Defamation of Character Defined?

Defamation is usually specified as the act of harming the of a person through slanderous (spoken) or false (written) remarks. When defamation occurs in the workplace, it has the potential to harm team morale, produce alienation, or even cause long-term damage to a worker’s profession potential customers.

Employers are accountable for stopping harmful gossiping amongst staff members if it is a routine and known incident in the workplace. Defamation of character in the work environment may include circumstances such as:

A company making damaging and unproven accusations, such as claims of theft or incompetence, toward an employee during an efficiency evaluation
An employee spreading out a hazardous rumor about another worker that triggers them to be declined for employment a job in other places
A staff member dispersing chatter about a worker that triggers other coworkers to avoid them
What Is Considered Employer Retaliation?

It is prohibited for a company to punish an employee for filing a complaint or claim against their employer. This is considered employer retaliation. Although workers are lawfully safeguarded against retaliation, it does not stop some employers from punishing a worker who submitted a complaint in a range of methods, such as:

Reducing the employee’s salary
Demoting the employee
Re-assigning the worker to a less-desirable task
Re-assigning the worker to a shift that produces a work-family conflict
Excluding the worker from necessary workplace activities such as training sessions
What If a Company Denies a Leave of Absence?

While leave of absence laws differ from state to state, there are a variety of federally mandated laws that safeguard staff members who should take a prolonged amount of time off from work.

Under the Family Medical Leave Act (FMLA), employers should offer unsettled leave time to workers with a qualifying household or individual medical scenario, such as leave for the birth or adoption of a child or leave to care for a partner, kid, or moms and dad with a major health condition. If certified, workers are entitled to approximately 12 weeks of unpaid 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, guarantees specific securities to existing and former uniformed service members who may need 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 unfairly denied in a variety of ways, consisting of:

Firing a staff member 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 take care of a dying moms and dad without simply cause
Firing a re-employed service member who took a leave of absence to serve in the armed forces without just cause
Retaliating versus a present or previous service member who took a leave of lack to serve in the armed forces
What Is Executive Compensation?

Executive settlement is the combination of base money payment, delayed payment, performance rewards, stock alternatives, executive advantages, severance plans, and more, awarded to top-level management employees. Executive compensation plans have come under increased scrutiny by regulatory firms and investors alike. If you face a dispute throughout the negotiation of your executive pay bundle, our attorneys may be able to assist you.

Why Should I Contact a Morgan & Morgan Employment Attorney?

The employment and labor legal representatives at Morgan & Morgan have actually successfully pursued countless labor and employment claims for individuals who require it most.

In addition to our successful performance history of representing victims of labor and work claims, our labor attorneys 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 know may have been treated incorrectly by a company or another employee, do not hesitate to contact our office. To discuss your legal rights and alternatives, complete our complimentary, no-obligation case evaluation form 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 communications through e-mail or other work-related platforms. These files will help your attorney comprehend the level of your claim and build your case for compensation.

Investigation. Your attorney and legal group will investigate your work environment claim in great detail to gather the necessary proof. They will look at the files you provide and might also look at work records, agreements, 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 lawyer is prepared to go to trial and present your case in the greatest possible type.

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