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Founded Date April 8, 1982
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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 office ™.
– Protecting Families Since 1988.
– 25 Billion+ Won.
– 1,000+ Lawyers Nationwide.
Free Case Evaluation
Were You Treated Unfairly While on the Job?
Morgan & Morgan’s employment lawyers file the many employment litigation cases in the nation, including those involving wrongful termination, discrimination, harassment, wage theft, employee misclassification, character assassination, retaliation, denial of leave, and executive pay disputes.
The office should be a safe location. Unfortunately, some workers go through unreasonable and illegal conditions by unethical companies. Workers may not know what their rights in the work environment are, or may be afraid of speaking up versus their employer in fear of retaliation. These labor infractions can cause lost wages and benefits, missed out on opportunities for improvement, and excessive tension.
Unfair and prejudiced labor practices versus employees can take numerous types, consisting of wrongful termination, discrimination, harassment, rejection to give an affordable accommodation, rejection of leave, company retaliation, and wage and hour violations. Workers who are victim to these and employment other unethical practices may not know their rights, or may hesitate to speak up against their company for fear of retaliation.
At Morgan & Morgan, our work attorneys deal with a variety of civil lawsuits cases including unfair labor practices against employees. Our attorneys have the understanding, dedication, and experience needed to represent workers in a large range of labor disputes. In truth, Morgan & Morgan has been recognized for filing more labor and employment cases than any other firm.
If you believe you might have been the victim of unreasonable or prohibited treatment in the workplace, call us by finishing our totally free case evaluation form.
Discover If You Are Eligible for a Labor and Employment Lawsuit
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How it works
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We take.
action
Our devoted group gets to work investigating your claim.
Step 3
We battle.
for you
If we take on the case, our group battles to get you the results you should have.
Client success.
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Results may differ depending on your particular truths and legal scenarios.
FAQ
Get responses to typically asked questions about our legal services and find out how we might help you with your case.
What Does Labor Law and Employment Law Cover?
Our practice represents individuals who have actually been the victim of:
Wrongful Termination.
Discrimination (e.g., sex, race, color, harassment, nationwide origin, faith, age, and impairment).
Harassment (e.g., Sexual Harassment, Hostile Work Environment).
Unfair Labor Practices (e.g., rejection of salaries, overtime, employment suggestion 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 let go for factors that are unjust or illegal. This is called wrongful termination, wrongful discharge, or wrongful termination.
There are numerous circumstances that may be premises for a wrongful termination claim, consisting of:
Firing an employee out of retaliation.
Discrimination.
Firing a whistleblower.
Firing an employee who won’t do something illegal for their company.
If you think you might have been fired without appropriate cause, our labor and employment lawyers may be able to assist you recover back pay, unsettled incomes, and other kinds of payment.
What Are the Most Common Forms of Workplace Discrimination?
It is prohibited to victimize a job applicant or staff member on the basis of race, color, faith, sex, national origin, special needs, or age. However, some companies do simply that, resulting in a hostile and inequitable work environment where some workers are dealt with more favorably than others.
Workplace discrimination can take lots of kinds. Some examples consist of:
Refusing to employ somebody on the basis of their skin color.
Passing over a certified female worker for a promo in favor of a male staff member with less experience.
Not supplying equivalent training chances for staff members of different religious backgrounds.
Imposing task eligibility criteria that intentionally evaluates out individuals with specials needs.
Firing someone based on a protected category.
What Are Some Examples of Workplace Harassment?
When workers undergo slurs, attacks, threats, ridicule, offending jokes, unwanted sexual advances, or verbal or physical conduct of a sexual nature, it can be considered workplace harassment. Similar to workplace discrimination, office harassment develops a hostile and abusive workplace.
Examples of workplace harassment include:
Making unwelcome remarks about a worker’s look or body.
Telling a vulgar or sexual joke to a colleague.
Using slurs or racial epithets.
Making statements about an employee’s sexual orientation.
Making negative remarks about an employee’s faiths.
Making prejudicial statements about a worker’s birthplace or household heritage.
Making negative remarks or jokes about the age of a worker over the age of 40.
Workplace harassment can also take the kind of quid pro quo harassment. This implies that the harassment leads to an intangible modification in a worker’s employment status. For example, a staff member 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 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 workers.
However, some companies attempt to cut expenses by denying workers their rightful pay through deceitful methods. 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 hours that can be utilized towards vacation or sick 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 employer ought to pay.
Misclassifying an employee that ought to be paid overtime as “exempt” by promoting them to a “supervisory” position without in fact altering the worker’s task tasks.
Some of the most vulnerable occupations to overtime and base pay violations include:
IT employees.
Service technicians.
Installers.
Sales agents.
Nurses and health care employees.
Tipped staff members.
Oil and gas field employees.
Call center employees.
Personal lenders, home loan brokers, and AMLs.
Retail employees.
Exotic dancers.
FedEx drivers.
Disaster relief workers.
Pizza shipment drivers.
What Is Employee Misclassification?
There are a variety of differences between workers and self-employed workers, likewise called independent specialists or specialists. Unlike staff members, who are informed when and where to work, guaranteed a routine wage quantity, and entitled to worker benefits, to name a few criteria, independent contractors typically work on a short-term, contract basis with a service, and are invoiced for their work. Independent professionals are not entitled to employee benefits, and need to file and withhold their own taxes, also.
However, in the last few years, some employers have actually abused classification by misclassifying bonafide staff members as professionals in an attempt to conserve money and prevent laws. This is most commonly seen among “gig economy” employees, such as rideshare chauffeurs and delivery drivers.
Some examples of misclassifications consist of:
Misclassifying a worker as an independent professional to not have to adhere to Equal Job opportunity Commission laws, which prevent employment discrimination.
Misclassifying an employee to avoid registering them in a health benefits plan.
Misclassifying staff members to prevent paying out minimum wage.
How Is Defamation of Character Defined?
Defamation is generally defined as the act of damaging the reputation of an individual through slanderous (spoken) or disparaging (written) remarks. When character assassination takes place in the office, it has the possible to hurt group spirits, produce alienation, or perhaps cause long-term damage to a worker’s profession potential customers.
Employers are accountable for putting a stop to damaging gossiping amongst employees if it is a regular and recognized event in the office. Defamation of character in the work environment might include instances such as:
An employer making damaging and unfounded claims, such as claims of theft or incompetence, toward a worker throughout an efficiency review
A worker spreading a damaging report about another employee that causes them to be denied for a job elsewhere
A staff member dispersing gossip about an employee that triggers other colleagues to avoid them
What Is Considered Employer Retaliation?
It is prohibited for a business to punish an employee for submitting a grievance or claim versus their company. This is thought about company retaliation. Although employees are lawfully safeguarded against retaliation, it doesn’t stop some employers from punishing a worker who filed a grievance in a variety of methods, such as:
Reducing the worker’s income
Demoting the worker
Re-assigning the worker to a less-desirable job
Re-assigning the worker to a shift that creates a work-family dispute
Excluding the employee from important workplace activities such as training sessions
What If a Company 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 must take a prolonged amount of time off from work.
Under the Family Medical Leave Act (FMLA), employers should provide unpaid leave time to workers with a qualifying household or private medical circumstance, such as leave for the birth or adoption of an infant or delegate take care of a partner, child, or moms and dad with a major health condition. If certified, employees are entitled to up to 12 weeks of unsettled 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, assurances particular protections to current and previous uniformed service members who may require to be absent from civilian employment for employment a certain amount of time in order to serve in the militaries.
Leave of absence can be unjustly rejected in a variety of methods, including:
Firing a worker who took a leave of lack for the birth or adoption of their child without just cause
Demoting an employee who took a leave of lack to care for a passing away parent without simply cause
Firing a re-employed service member who took a leave of lack to serve in the armed forces without just cause
Retaliating against an existing or previous service member who took a leave of lack to serve in the militaries
What Is Executive Compensation?
Executive payment is the mix of base money payment, postponed compensation, efficiency bonus offers, stock options, executive advantages, severance plans, and more, granted to top-level management employees. Executive payment bundles have actually come under increased examination by regulative agencies and shareholders alike. If you face a disagreement throughout the negotiation of your executive pay bundle, our lawyers might be able to help you.
Why Should I Contact a Morgan & Morgan Employment Attorney?
The work and labor legal representatives at Morgan & Morgan have actually successfully pursued countless labor and work claims for the individuals who need it most.
In addition to our successful track record of representing victims of labor and work claims, our labor lawyers also represent staff members before administrative companies 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 know might have been treated improperly by an employer or another staff member, do not be reluctant to call our office. To discuss your legal rights and alternatives, submit our complimentary, no-obligation case evaluation kind now.
What Does an Employment Attorney Do?
Documentation.
First, your assigned legal group will collect records associated with your claim, including your agreement, time sheets, and communications via e-mail or other job-related platforms.
These documents will help your lawyer understand the extent of your claim and build your case for settlement.
Investigation.
Your lawyer and legal group will examine your office claim in excellent detail to collect the required evidence.
They will look at the files you offer and might likewise look at work records, agreements, and other office data.
Negotiation.
Your lawyer will work out with the defense, employment outside of the courtroom, to help get you the payment you might be entitled to.
If settlement negotiations are not successful, your attorney is prepared to go to trial and present your case in the strongest possible type.
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