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Were You Treated Unfairly While on the Job?
Morgan & Morgan's employment attorneys submit the a lot of work litigation cases in the country, consisting of those including wrongful termination, discrimination, harassment, wage theft, employee misclassification, employment defamation, retaliation, rejection of leave, and executive pay disagreements.
The work environment must be a safe location. Unfortunately, some employees are subjected to unjust and prohibited conditions by deceitful employers. Workers may not understand what their rights in the work environment are, or may be scared of speaking up against their company in worry of retaliation. These labor infractions can lead to lost wages and advantages, missed out on opportunities for advancement, and undue tension.
Unfair and discriminatory labor practices against workers can take numerous forms, including wrongful termination, discrimination, harassment, refusal to give a reasonable lodging, rejection of leave, employer retaliation, and wage and hour offenses. Workers who are victim to these and other dishonest practices may not know their rights, or might hesitate to speak up against their company for worry of retaliation.
At Morgan & Morgan, our work lawyers deal with a range of civil lawsuits cases involving unreasonable labor practices against employees. Our lawyers possess the understanding, commitment, and experience needed to represent workers in a large range of labor disputes. In reality, Morgan & Morgan has been recognized for submitting more labor and employment cases than any other company.
If you think you might have been the victim of unjust or unlawful treatment in the work environment, call us by completing our complimentary case assessment form.
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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 special needs).
Harassment (e.g., Sexual Harassment, Hostile Work Environment).
Unfair Labor Practices (e.g., rejection of earnings, 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 let go for factors that are unfair or illegal. This is called wrongful termination, wrongful discharge, or wrongful dismissal.
There are lots of circumstances that might be grounds for a wrongful termination claim, including:
Firing a staff member out of retaliation.
Discrimination.
Firing a whistleblower.
Firing a staff member who won't do something illegal for their company.
If you believe you might have been fired without proper cause, our labor and employment lawyers might be able to help you recuperate back pay, overdue earnings, and other kinds of settlement.
What Are the Most Common Forms of Workplace Discrimination?
It is prohibited to discriminate against a job applicant or worker on the basis of race, color, religion, sex, national origin, employment impairment, or age. However, some employers do simply that, leading to a hostile and inequitable workplace where some employees are dealt with more favorably than others.
Workplace discrimination can take lots of types. Some examples include:
Refusing to employ someone on the basis of their skin color.
Passing over a certified female worker for a promo in favor of a male worker with less experience.
Not providing equal training chances for workers of various religious backgrounds.
Imposing task eligibility requirements that intentionally evaluates out people with disabilities.
Firing someone based upon a protected classification.
What Are Some Examples of Workplace Harassment?
When employees go through slurs, attacks, risks, ridicule, offending jokes, unwanted sexual advances, or verbal or physical conduct of a sexual nature, it can be thought about workplace harassment. Similar to workplace discrimination, office harassment produces a hostile and abusive workplace.
Examples of work environment harassment include:
Making undesirable comments about a worker's look or body.
Telling a vulgar or sexual joke to a colleague.
Using slurs or racial epithets.
Making prejudicial statements about an employee's sexual preference.
Making negative comments about an employee's religions.
Making prejudicial statements about an employee's birth place or family heritage.
Making unfavorable comments or jokes about the age of a worker over the age of 40.
Workplace harassment can likewise take the type of quid pro quo harassment. This means that the harassment results in an intangible change in an employee's employment status. For example, a staff member may be forced to endure unwanted sexual advances from a supervisor as a condition of their continued employment.
Which Industries Have the Most Overtime and Minimum Wage Violations?
The Fair Labor Standards Act (FLSA) developed 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 employers attempt to cut costs by denying employees 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 an employee "comp time" or hours that can be used toward vacation or ill time, rather than overtime spend for hours worked over 40 in a work week.
Forcing tipped employees to pool their pointers with non-tipped workers, such as managers or cooks.
Forcing employees to spend for tools of the trade or other costs that their employer ought to pay.
Misclassifying a worker that should be paid overtime as "exempt" by promoting them to a "managerial" position without in fact altering the employee's job duties.
Some of the most susceptible occupations to overtime and base pay violations include:
IT employees.
Service service technicians.
Installers.
Sales agents.
Nurses and health care employees.
Tipped staff members.
Oil and gas field workers.
Call center workers.
Personal lenders, home mortgage brokers, and AMLs.
Retail workers.
Exotic dancers.
FedEx motorists.
Disaster relief workers.
Pizza delivery drivers.
What Is Employee Misclassification?
There are a variety of distinctions in between workers and self-employed workers, likewise known as independent specialists or experts. Unlike employees, who are informed when and where to work, ensured a regular wage quantity, and entitled to staff member benefits, to name a few requirements, independent specialists generally work on a short-term, agreement basis with a business, and are invoiced for their work. Independent specialists are not entitled to employee advantages, and should file and withhold their own taxes, as well.
However, employment over the last few years, some employers have abused classification by misclassifying bonafide employees as contractors in an effort to conserve money and circumvent laws. This is most commonly seen among "gig economy" employees, such as rideshare chauffeurs and delivery chauffeurs.
Some examples of misclassifications consist of:
Misclassifying an employee as an to not have to comply with Equal Job opportunity Commission laws, which avoid work discrimination.
Misclassifying a worker to avoid registering them in a health benefits plan.
Misclassifying staff members to avoid paying minimum wage.
How Is Defamation of Character Defined?
Defamation is typically specified as the act of damaging the reputation of a person through slanderous (spoken) or libelous (written) comments. When character assassination happens in the office, it has the potential to hurt group spirits, create alienation, and even trigger long-term damage to a worker's profession prospects.
Employers are accountable for putting a stop to harmful gossiping among workers if it is a regular and known event in the work environment. Defamation of character in the office might include instances such as:
An employer making damaging and unfounded allegations, such as claims of theft or incompetence, towards a staff member throughout an efficiency review
An employee spreading a damaging rumor about another staff member that causes them to be refused for employment a job elsewhere
A worker spreading gossip about a worker that causes other coworkers to avoid them
What Is Considered Employer Retaliation?
It is illegal for a company to penalize a staff member for filing a complaint or suit versus their employer. This is thought about company retaliation. Although employees are lawfully protected against retaliation, it doesn't stop some companies from punishing a worker who filed a problem in a variety of ways, employment such as:
Reducing the employee's salary
Demoting the employee
Re-assigning the worker to a less-desirable task
Re-assigning the employee to a shift that creates a work-family conflict
Excluding the worker from important workplace 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 secure workers who should take a prolonged time period off from work.
Under the Family Medical Leave Act (FMLA), employers must offer unpaid leave time to staff members with a certifying family or specific medical situation, such as leave for the birth or employment adoption of a child or delegate look after a spouse, child, or moms and dad with a serious health condition. If qualified, employees are entitled to up to 12 weeks of overdue 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, assurances specific protections to current and previous uniformed service members who may need to be absent from civilian employment for a certain amount of time in order to serve in the armed forces.
Leave of lack can be unjustly denied in a number of methods, consisting of:
Firing a worker who took a leave of lack for the birth or adoption of their baby without simply cause
Demoting a staff member who took a leave of lack to look after a passing away parent without just cause
Firing a re-employed service member who took a leave of absence to serve in the armed forces without simply cause
Retaliating versus a present or former service member who took a leave of absence to serve in the militaries
What Is Executive Compensation?
Executive settlement is the combination of base cash payment, postponed payment, performance benefits, stock alternatives, executive perks, severance packages, and more, granted to high-level management staff members. Executive compensation plans have actually come under increased analysis by regulatory companies and investors alike. If you face a disagreement during the negotiation of your executive pay plan, our attorneys might have the ability 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 work claims for the people who need it most.
In addition to our effective performance history of representing victims of labor and employment claims, our labor lawyers likewise represent employees before administrative companies 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 understand might have been treated incorrectly by a company or another worker, do not think twice to call our workplace. To discuss your legal rights and options, complete our complimentary, no-obligation case review type now.
What Does a Work Attorney Do?
Documentation.
First, your assigned legal group will gather records connected to your claim, including your contract, time sheets, and communications through e-mail or other work-related platforms.
These documents will help your lawyer comprehend the level of your claim and construct your case for settlement.
Investigation.
Your lawyer and legal team will investigate your workplace claim in terrific information to gather the necessary evidence.
They will look at the files you provide and might also take a look at employment records, agreements, and other office data.
Negotiation.
Your lawyer will work out with the defense, beyond the courtroom, to assist get you the settlement you might be entitled to.
If settlement negotiations are unsuccessful, your attorney is prepared to go to trial and present your case in the greatest possible kind.
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