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Were You Treated Unfairly While on the Job?
Morgan & Morgan's work lawyers submit one of the most work lawsuits cases in the nation, including those including wrongful termination, discrimination, harassment, wage theft, employee misclassification, disparagement, retaliation, denial of leave, and executive pay conflicts.
The office must be a safe place. Unfortunately, some workers undergo unfair and illegal conditions by dishonest employers. Workers might not understand what their rights in the office are, or may be afraid of speaking out against their employer in fear of retaliation. These labor infractions can lead to lost earnings and benefits, missed out on opportunities for development, and excessive stress.
Unfair and discriminatory labor practices against staff members can take many types, including wrongful termination, discrimination, harassment, refusal to provide a reasonable accommodation, rejection of leave, company retaliation, and wage and hour infractions. Workers who are victim to these and other unethical practices may not know their rights, or may hesitate to speak up against their company for worry of retaliation.
At Morgan & Morgan, our employment attorneys handle a variety of civil litigation cases involving unjust labor practices against staff members. Our attorneys have the understanding, devotion, and experience needed to represent workers in a wide variety of labor disagreements. In fact, Morgan & Morgan has been acknowledged for submitting more labor and work cases than any other company.
If you think you might have been the victim of unfair or prohibited treatment in the workplace, call us by completing our complimentary case examination type.
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FAQ
Get the answer to typically asked questions about our legal services and discover how we may assist 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, national origin, faith, age, and special needs).
Harassment (e.g., Sexual Harassment, Hostile Workplace).
Unfair Labor Practices (e.g., denial of incomes, 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 declares.
Executive Pay Disputes.
What Constitutes Wrongful Termination?
Sometimes employees are release for factors that are unfair or unlawful. This is described wrongful termination, wrongful discharge, or wrongful dismissal.
There are lots of scenarios that might be premises for a wrongful termination suit, including:
Firing a staff member out of retaliation.
Discrimination.
Firing a whistleblower.
Firing a staff member who won't do something unlawful for their company.
If you believe you might have been fired without appropriate cause, our labor and employment attorneys may have the ability to assist you recuperate back pay, unpaid earnings, and other types of compensation.
What Are the Most Common Forms of Workplace Discrimination?
It is prohibited to victimize a task applicant or staff member on the basis of race, color, faith, sex, national origin, disability, or age. However, some companies do just that, leading to a and inequitable office where some workers are dealt with more positively than others.
Workplace discrimination can take numerous kinds. Some examples consist of:
Refusing to hire someone on the basis of their skin color.
Passing over a qualified female worker for a promotion in favor of a male worker with less experience.
Not providing equivalent training chances for workers of various spiritual backgrounds.
Imposing job eligibility requirements that intentionally screens out individuals with disabilities.
Firing somebody based on a secured category.
What Are Some Examples of Workplace Harassment?
When workers undergo slurs, assaults, risks, ridicule, offensive jokes, undesirable 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 develops a hostile and violent workplace.
Examples of work environment harassment consist of:
Making unwelcome comments about an employee's look or body.
Telling a vulgar or sexual joke to a coworker.
Using slurs or job racial epithets.
Making prejudicial declarations about a worker's sexual orientation.
Making negative comments about an employee's religious beliefs.
Making prejudicial declarations about a staff member's birthplace or family heritage.
Making unfavorable comments or jokes about the age of an employee over the age of 40.
Workplace harassment can also take the form of quid pro quo harassment. This implies that the harassment leads to an intangible change in a worker's work status. For example, a staff member might be required to tolerate unwanted sexual advances from a manager as a condition of their continued work.
Which Industries Have the Most Overtime and Base Pay Violations?
The Fair Labor Standards Act (FLSA) established certain employees' rights, job 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 employers attempt to cut expenses by rejecting employees their rightful pay through sly approaches. This is called wage theft, and includes examples such as:
Paying a worker less than the federal base pay.
Giving an employee "comp time" or job hours that can be used toward vacation or ill time, rather than overtime pay for hours worked over 40 in a work week.
Forcing tipped workers to pool their pointers with non-tipped workers, such as managers or cooks.
Forcing employees to pay for tools of the trade or other expenses that their company should pay.
Misclassifying a worker that must be paid overtime as "exempt" by promoting them to a "supervisory" position without really altering the employee's job duties.
Some of the most vulnerable occupations to overtime and minimum wage offenses consist of:
IT employees.
Service service technicians.
Installers.
Sales agents.
Nurses and healthcare workers.
Tipped employees.
Oil and gas field employees.
Call center employees.
Personal lenders, home mortgage brokers, and AMLs.
Retail staff members.
Strippers.
FedEx motorists.
Disaster relief employees.
Pizza delivery motorists.
What Is Employee Misclassification?
There are a variety of differences in between staff members and self-employed workers, also understood as independent professionals or experts. Unlike employees, who are informed when and where to work, ensured a routine wage amount, and entitled to worker advantages, 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 worker advantages, and need to file and withhold their own taxes, as well.
However, in the last few years, some companies have abused classification by misclassifying bonafide employees as specialists in an effort to save money and circumvent laws. This is most typically seen among "gig economy" workers, such as rideshare drivers and delivery chauffeurs.
Some examples of misclassifications consist of:
Misclassifying a worker as an independent specialist to not need to abide by Equal Job opportunity Commission laws, which avoid work discrimination.
Misclassifying a worker to prevent registering them in a health advantages plan.
Misclassifying staff members to prevent paying base pay.
How Is Defamation of Character Defined?
Defamation is generally specified as the act of damaging the track record of an individual through slanderous (spoken) or libelous (written) comments. When libel occurs in the office, it has the potential to hurt team morale, produce alienation, or perhaps trigger long-term damage to a worker's profession potential customers.
Employers are accountable for putting a stop to hazardous gossiping amongst employees if it is a routine and recognized incident in the office. Defamation of character in the office might include circumstances such as:
An employer making harmful and unfounded accusations, such as claims of theft or incompetence, toward an employee throughout a performance evaluation
A worker spreading out a hazardous rumor about another employee that triggers them to be declined for a task elsewhere
A staff member dispersing chatter about a worker that causes other colleagues to avoid them
What Is Considered Employer Retaliation?
It is prohibited for a business to punish a worker for submitting a complaint or lawsuit against their employer. This is thought about company retaliation. Although workers are legally safeguarded versus retaliation, it doesn't stop some employers from penalizing an employee who submitted a complaint in a range of methods, such as:
Reducing the worker's wage
Demoting the employee
Re-assigning the worker to a less-desirable job
Re-assigning the worker to a shift that develops a work-family dispute
Excluding the employee from necessary work environment activities such as training sessions
What If a Business Denies a Leave of Absence?
While leave of lack laws vary from one state to another, there are a number of federally mandated laws that secure employees who should take an extended amount of time off from work.
Under the Family Medical Leave Act (FMLA), companies need to provide unsettled 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 care for a partner, kid, or parent with a serious health condition. If qualified, employees are entitled to as much as 12 weeks of overdue leave time under the FMLA without worry of threatening their job status.
The Uniformed Services Employment and Reemployment Rights Act (USERRA), on the other hand, guarantees certain securities to present and previous uniformed service members who may require to be missing from civilian work for a certain amount of time in order to serve in the militaries.
Leave of absence can be unfairly rejected in a number of ways, consisting of:
Firing a staff member who took a leave of absence for the birth or adoption of their baby without simply cause
Demoting a staff member who took a leave of absence to look after a dying parent without just cause
Firing a re-employed service member who took a leave of lack to serve in the militaries without just cause
Retaliating versus a present or former service member who took a leave of lack to serve in the militaries
What Is Executive Compensation?
Executive payment is the combination of base cash payment, deferred compensation, performance rewards, stock alternatives, executive advantages, severance bundles, and more, awarded to high-level management employees. Executive payment packages have actually come under increased examination by regulative companies and investors alike. If you face a conflict during the negotiation of your executive pay package, our lawyers may be able to assist you.
Why Should I Contact a Morgan & Morgan Employment Attorney?
The employment and labor job attorneys at Morgan & Morgan have effectively pursued countless labor and employment claims for individuals who require it most.
In addition to our effective performance history of representing victims of labor and employment 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 somebody you know may have been treated incorrectly by a company or another worker, do not be reluctant to call our office. To discuss your legal rights and alternatives, complete our complimentary, no-obligation case review kind now.
What Does an Employment Attorney Do?
Documentation.
First, your assigned legal group will collect records associated with your claim, including your contract, time sheets, and interactions through e-mail or other job-related platforms.
These documents will assist your attorney comprehend the extent of your claim and construct your case for payment.
Investigation.
Your attorney and legal group will examine your office claim in excellent detail to collect the essential evidence.
They will take a look at the documents you offer and may also look at employment records, contracts, and other work environment information.
Negotiation.
Your lawyer will work out with the defense, outside of the courtroom, to help 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 strongest possible form.
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