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Labor And Employment Attorneys

by Fredericka Trejo (2025-02-10)

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Mistreated on the Job?

Labor and Employment Attorneys

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Were You Treated Unfairly While on the Job?

Morgan & Morgan's work lawyers submit the many work lawsuits cases in the nation, including those including wrongful termination, discrimination, harassment, wage theft, staff member misclassification, defamation, retaliation, denial of leave, and executive pay disputes.

The workplace needs to be a safe location. Unfortunately, some employees are subjected to unfair and unlawful conditions by unethical employers. Workers may not understand what their rights in the work environment are, or might be afraid of speaking up against their employer in fear of retaliation. These labor violations can result in lost incomes and advantages, missed out on opportunities for development, and excessive tension.

Unfair and discriminatory labor practices versus workers can take many forms, consisting of wrongful termination, discrimination, harassment, rejection to offer a sensible lodging, rejection of leave, employer retaliation, and wage and hour violations. Workers who are victim to these and other unethical practices might not know their rights, or might hesitate to speak out against their company for worry of retaliation.

At Morgan & Morgan, our employment lawyers manage a range of civil litigation cases including unfair labor practices versus employees. Our attorneys have the understanding, commitment, and experience required to represent employees in a wide variety of labor disagreements. In fact, Morgan & Morgan has been acknowledged for filing more labor and employment cases than any other company.

If you think you may have been the victim of unjust or unlawful treatment in the office, call us by finishing our free case assessment form.

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FAQ

Get the answer to typically asked questions about our legal services and learn how we might 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, national origin, faith, age, and disability).

Harassment (e.g., Sexual Harassment, Hostile Workplace).

Unfair Labor Practices (e.g., denial of salaries, overtime, suggestion 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 let go for reasons that are unfair or prohibited. This is described wrongful termination, wrongful discharge, employment or wrongful dismissal.

There are lots of circumstances that may be premises for a wrongful termination lawsuit, consisting of:

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 lawyers may be able to assist you recuperate back pay, overdue incomes, and other forms of settlement.

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

It is illegal to discriminate versus a job applicant or staff member on the basis of race, color, religious beliefs, sex, nationwide origin, special needs, or age. However, some companies do simply that, resulting in a hostile and inequitable office where some employees are dealt with more favorably than others.

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

Refusing to hire somebody on the basis of their skin color.

Passing over a qualified female employee for a promo in favor of a male employee with less experience.

Not providing equal training opportunities for staff members of different religious backgrounds.

Imposing job eligibility requirements that deliberately evaluates out individuals with specials needs.

Firing somebody based upon a secured category.

What Are Some Examples of Workplace Harassment?

When employees undergo slurs, attacks, dangers, ridicule, offending jokes, undesirable sexual advances, or spoken or physical conduct of a sexual nature, it can be considered workplace harassment. Similar to workplace discrimination, workplace harassment creates a hostile and violent workplace.

Examples of work environment harassment include:

Making undesirable comments 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 an employee's sexual orientation.

Making unfavorable remarks about a staff member's faiths.

Making prejudicial statements about a worker's birthplace or household heritage.

Making unfavorable comments or jokes about the age of a staff member over the age of 40.

Workplace harassment can likewise take the type of quid pro quo harassment. This means that the harassment leads to an intangible modification in a worker's work status. For example, a worker might be required to endure 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) developed specific workers' rights, including the right to a minimum wage (set federally at $7.25 as of 2020) and overtime spend for all hours worked over 40 in a workweek for non-exempt staff members.

However, some employers try to cut expenses by denying workers their rightful pay through sly methods. This is called wage theft, employment and consists of examples such as:

Paying an employee less than the federal base pay.

Giving an employee "comp time" or hours that can be used toward getaway or sick time, instead of overtime spend for hours worked over 40 in a work week.

Forcing tipped workers to pool their tips with non-tipped employees, such as managers or cooks.

Forcing employees to spend for tools of the trade or other costs that their company must pay.

Misclassifying a worker that must be paid overtime as "exempt" by promoting them to a "managerial" position without really altering the employee's task tasks.

A few of the most vulnerable occupations to overtime and base pay violations include:

IT employees.

Service specialists.

Installers.

Sales agents.

Nurses and healthcare employees.

Tipped workers.

Oil and gas field workers.

Call center workers.

Personal lenders, home mortgage brokers, and AMLs.

Retail workers.

Strippers.

FedEx chauffeurs.

Disaster relief workers.

Pizza delivery drivers.

What Is Employee Misclassification?

There are a variety of differences in between employees and self-employed employees, also called independent specialists or experts. Unlike workers, who are informed when and where to work, ensured a routine wage amount, and entitled to staff member benefits, to name a few requirements, independent specialists generally work on a short-term, contract basis with a service, and are invoiced for their work. Independent specialists are not entitled to worker advantages, and should file and keep their own taxes, as well.

However, in the last few years, some employers have actually abused classification by misclassifying bonafide employees as specialists in an effort to conserve money and circumvent laws. This is most frequently seen amongst "gig economy" workers, such as rideshare chauffeurs and delivery motorists.

Some examples of misclassifications consist of:

Misclassifying an employee as an independent professional to not have to comply with Equal Job opportunity Commission laws, which prevent work discrimination.

Misclassifying an employee to avoid registering them in a health advantages prepare.

Misclassifying workers to avoid paying out minimum wage.

How Is Defamation of Character Defined?

Defamation is generally specified as the act of damaging the reputation of a person through slanderous (spoken) or disparaging (written) comments. When defamation happens in the office, it has the possible to harm team spirits, produce alienation, or even cause long-lasting damage to an employee's profession prospects.

Employers are accountable for stopping damaging gossiping amongst staff members if it is a regular and known occurrence in the work environment. Defamation of character in the work environment might consist of instances such as:

A company making harmful and unproven claims, such as claims of theft or incompetence, toward a staff member during a performance review

A staff member spreading out a damaging report about another worker that causes them to be declined for a task in other places

An employee spreading gossip about a worker that causes other coworkers to prevent them

What Is Considered Employer Retaliation?

It is unlawful for a business to penalize an employee for filing a grievance or claim versus their company. This is considered company retaliation. Although workers are legally secured against retaliation, it doesn't stop some employers from penalizing a worker who submitted a grievance in a range of ways, such as:

Reducing the worker's salary

Demoting the employee

Re-assigning the employee to a less-desirable task

Re-assigning the worker to a shift that creates a work-family conflict

Excluding the worker from essential work environment activities such as training sessions

What If a Company Denies a Leave of Absence?

While leave of lack laws vary from one state to another, there are a variety of federally mandated laws that secure employees who need to take a prolonged time period off from work.

Under the Family Medical Leave Act (FMLA), employers must use unpaid leave time to workers with a qualifying household or specific medical scenario, such as leave for the birth or adoption of a child or delegate care for employment a partner, child, or parent with a major health condition. If qualified, employees are entitled to approximately 12 weeks of overdue leave time under the FMLA without fear of jeopardizing their task status.

The Uniformed Services Employment and Reemployment Rights Act (USERRA), on the other hand, warranties specific defenses to present and former uniformed service members who might need to be absent from civilian work for a specific time period in order to serve in the armed forces.

Leave of lack can be unjustly denied in a number of methods, including:

Firing a staff member who took a leave of absence for the birth or adoption of their baby 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 former service member who took a leave of lack to serve in the militaries

What Is Executive Compensation?

Executive settlement is the combination of base money compensation, postponed settlement, efficiency bonus offers, stock choices, executive perks, severance bundles, and more, granted to top-level management workers. Executive settlement packages have come under increased analysis by regulatory firms and shareholders alike. If you face a disagreement during the settlement of your executive pay plan, our lawyers may have the ability to assist you.

Why Should I Contact a Morgan & Morgan Employment Attorney?

The work and labor attorneys at Morgan & Morgan have actually effectively pursued thousands of labor and work claims for individuals who require it most.

In addition to our successful track record of representing victims of labor and employment 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 poorly by an employer or another employee, do not be reluctant to contact our workplace. To discuss your legal rights and options, fill out our complimentary, no-obligation case evaluation type now.

What Does a Work Attorney Do?

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Documentation.
First, your designated legal team will gather records connected to your claim, including your agreement, time sheets, and interactions through email or other job-related platforms.
These files will help your lawyer comprehend the extent of your claim and build your case for payment.

Investigation.
Your lawyer and legal team will investigate your work environment claim in terrific detail to gather the essential proof.
They will take a look at the files you provide and may likewise look at work records, agreements, and other office information.

Negotiation.
Your lawyer will work out with the defense, outside of the courtroom, to assist get you the settlement 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 greatest possible kind.

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