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Founded Date December 3, 1994
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Labor And Employment Attorneys
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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 â„¢.
– 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 lawyers submit the a lot of work litigation cases in the country, including those including wrongful termination, discrimination, harassment, wage theft, employee misclassification, character assassination, retaliation, denial of leave, and executive pay conflicts.
The work environment needs to be a safe location. Unfortunately, some employees are subjected to unjust and prohibited conditions by dishonest companies. Workers might not know what their rights in the work environment are, or might hesitate of speaking out versus their employer in worry of retaliation. These labor offenses can cause lost incomes and advantages, missed chances for development, and unnecessary tension.
Unfair and inequitable labor practices against employees can take many types, consisting of wrongful termination, discrimination, harassment, rejection to give a reasonable accommodation, employment 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 out versus their employer for worry of retaliation.
At Morgan & Morgan, our work lawyers handle a variety of civil litigation cases including unjust labor practices versus employees. Our attorneys possess the knowledge, commitment, and experience required to represent workers in a large range of labor disputes. In truth, Morgan & Morgan has actually been recognized for submitting more labor and employment cases than any other firm.
If you believe you might have been the victim of unfair or prohibited treatment in the workplace, call us by finishing our complimentary case assessment type.
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How it works
It’s easy to begin.
The Fee Is Free ®. Only pay if we win.
Step 1
Submit.
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Step 2
We take.
action
Our devoted team gets to work investigating your claim.
Step 3
We fight.
for you
If we take on the case, our group battles to get you the results you deserve.
Client success.
stories that motivate and drive modification
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Results might vary depending upon your particular realities and legal scenarios.
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 been the victim of:
Wrongful Termination.
Discrimination (e.g., sex, race, color, harassment, nationwide origin, religious beliefs, age, and impairment).
Harassment (e.g., Unwanted sexual advances, Hostile Work Environment).
Unfair Labor Practices (e.g., denial 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 declares.
Executive Pay Disputes.
What Constitutes Wrongful Termination?
Sometimes employees are release for reasons that are unreasonable or prohibited. This is called wrongful termination, wrongful discharge, or wrongful termination.
There are many circumstances that might be grounds for a wrongful termination claim, consisting of:
Firing a staff member out of retaliation.
Discrimination.
Firing a whistleblower.
Firing an employee who won’t do something illegal for their employer.
If you believe you may have been fired without correct cause, our labor employment and work attorneys might be able to assist you recuperate back pay, unsettled salaries, and other kinds of compensation.
What Are one of the most Common Forms of Workplace Discrimination?
It is unlawful to discriminate against a job candidate or employee on the basis of race, color, faith, sex, nationwide origin, impairment, or age. However, some employers do simply that, leading to a hostile and inequitable work environment where some employees are dealt with more positively than others.
Workplace discrimination can take numerous types. Some examples consist of:
Refusing to work with someone on the basis of their skin color.
Passing over a qualified female staff member for a promo in favor of a male worker with less experience.
Not supplying equivalent training opportunities for staff members of different religious backgrounds.
Imposing job eligibility criteria that intentionally screens out individuals with specials needs.
Firing someone based on a safeguarded category.
What Are Some Examples of Workplace Harassment?
When employees are subjected to slurs, attacks, threats, ridicule, offending jokes, unwelcome 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 work environment.
Examples of work environment harassment consist of:
Making undesirable remarks about an employee’s look or body.
Telling a repulsive or sexual joke to a colleague.
Using slurs or racial epithets.
Making prejudicial statements about a worker’s sexual preference.
Making unfavorable comments about an employee’s spiritual .
Making prejudicial declarations about a staff member’s birth place or family heritage.
Making negative remarks or jokes about the age of an employee 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 modification in an employee’s employment status. For example, a worker might be required to tolerate sexual harassment from a manager as a condition of their continued work.
Which Industries Have one of the most Overtime and Base Pay Violations?
The Fair Labor Standards Act (FLSA) established certain employees’ rights, consisting of 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 try to cut costs by rejecting workers their rightful pay through deceiving methods. This is called wage theft, and includes examples such as:
Paying an employee less than the federal minimum wage.
Giving a worker “comp time” or hours that can be utilized towards holiday or ill time, rather than overtime spend for hours worked over 40 in a work week.
Forcing tipped workers to pool their tips with non-tipped workers, such as supervisors or cooks.
Forcing employees to spend for tools of the trade or other costs that their employer ought to pay.
Misclassifying a worker that must be paid overtime as “exempt” by promoting them to a “supervisory” position without really altering the employee’s task responsibilities.
A few of the most vulnerable professions to overtime and minimum wage infractions consist of:
IT workers.
Service service technicians.
Installers.
Sales representatives.
Nurses and health care employees.
Tipped workers.
Oil and gas field workers.
Call center workers.
Personal lenders, home mortgage brokers, and AMLs.
Retail workers.
Exotic dancers.
FedEx drivers.
Disaster relief workers.
Pizza shipment motorists.
What Is Employee Misclassification?
There are a variety of differences between employees and self-employed workers, likewise called independent professionals or specialists. Unlike staff members, who are informed when and where to work, guaranteed a routine wage amount, and entitled to staff member benefits, to name a few criteria, independent specialists typically work on a short-term, agreement basis with a company, and are invoiced for their work. Independent specialists are not entitled to staff member benefits, and need to file and withhold their own taxes, too.
However, recently, some employers have actually abused classification by misclassifying bonafide workers as specialists in an attempt to save cash and circumvent laws. This is most commonly seen amongst “gig economy” workers, such as rideshare chauffeurs and delivery drivers.
Some examples of misclassifications consist of:
Misclassifying an employee as an independent contractor to not need to comply with Equal Job opportunity Commission laws, which prevent work discrimination.
Misclassifying an employee to avoid registering them in a health benefits prepare.
Misclassifying workers to avoid paying minimum wage.
How Is Defamation of Character Defined?
Defamation is typically specified as the act of harming the reputation of an individual through slanderous (spoken) or false (written) comments. When defamation occurs in the work environment, it has the potential to damage group spirits, develop alienation, or even cause long-term damage to an employee’s profession potential customers.
Employers are accountable for putting a stop to hazardous gossiping amongst employees if it is a regular and known event in the office. Defamation of character in the work environment might consist of instances such as:
A company making harmful and unproven allegations, such as claims of theft or incompetence, towards a staff member throughout a performance review
A worker spreading out a hazardous rumor about another employee that causes them to be declined for a task in other places
A staff member spreading gossip about a worker that triggers other coworkers to prevent them
What Is Considered Employer Retaliation?
It is unlawful for a company to punish a worker for filing a problem or lawsuit against their company. This is thought about employer retaliation. Although workers are legally safeguarded versus retaliation, it doesn’t stop some companies from penalizing an employee who submitted a grievance in a variety of ways, such as:
Reducing the employee’s income
Demoting the employee
Re-assigning the employee to a less-desirable task
Re-assigning the employee to a shift that creates a work-family dispute
Excluding the employee from vital work environment activities such as training sessions
What If a Business Denies a Leave of Absence?
While leave of absence laws vary from state to state, there are a variety of federally mandated laws that safeguard staff members who need to take an extended amount of time off from work.
Under the Family Medical Leave Act (FMLA), employment employers need to offer unpaid leave time to staff members with a qualifying family or specific medical scenario, such as leave for employment the birth or adoption of a baby or delegate care for a partner, child, employment or parent with a major health condition. If certified, employees are entitled to as much as 12 weeks of unsettled leave time under the FMLA without worry of jeopardizing their job status.
The Uniformed Services Employment and Reemployment Rights Act (USERRA), on the other hand, guarantees certain securities to existing and previous uniformed service members who might require to be absent from civilian employment for a specific period of time in order to serve in the armed forces.
Leave of lack can be unjustly rejected in a number of methods, consisting of:
Firing a staff member 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 look after a passing away 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 simply cause
Retaliating against an existing or former service member who took a leave of lack to serve in the armed forces
What Is Executive Compensation?
Executive compensation is the mix of base money payment, delayed compensation, performance benefits, stock alternatives, executive benefits, severance packages, and more, awarded to top-level management staff members. Executive settlement bundles have actually come under increased examination by regulatory firms and shareholders alike. If you deal with a conflict during the settlement of your executive pay package, our lawyers might be able to assist you.
Why Should I Contact a Morgan & Morgan Employment Attorney?
The employment and labor legal representatives at Morgan & Morgan have successfully pursued countless labor and work 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 staff members before administrative agencies 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 worker, do not think twice to contact our office. To discuss your legal rights and options, fill out our free, no-obligation case evaluation kind now.
What Does a Work Attorney Do?
Documentation.
First, your assigned legal team will collect records associated with your claim, including your agreement, time sheets, and interactions via e-mail or other job-related platforms.
These files will help your attorney comprehend the degree of your claim and develop your case for payment.
Investigation.
Your attorney and legal group will investigate your workplace claim in great detail to gather the necessary proof.
They will look at the files you supply and may also take a look at employment records, agreements, and other office data.
Negotiation.
Your lawyer will work out with the defense, outside of the courtroom, to help get you the payment you might be entitled to.
If settlement negotiations are not successful, your lawyer is prepared to go to trial and present your case in the strongest possible form.
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