Worker and Employee Rights Lawyers: Protecting You in the Workplace

Workers are the backbone of the economy, keeping our businesses running, our communities thriving, and our futures moving forward. But when workplace rights are violated, the consequences can be devastating: emotionally, financially, and professionally. 

That’s where a Worker & Employee Rights Lawyer steps in. At Morgan & Morgan, we believe that every employee deserves fair treatment, equal opportunity, and protection under the law.

Whether you’ve been wrongfully terminated, harassed at work, denied overtime, or retaliated against for speaking up, our attorneys are here to fight for you—because when it comes to standing up to injustice in the workplace, For The People isn’t just a slogan; it’s our mission.

What Are My Basic Employee Rights?

Employee rights refer to the legal protections and guarantees afforded to workers by federal, state, and local laws. These rights are designed to ensure fairness, safety, and dignity in the workplace.

Some of the most fundamental employee rights include:

• The right to be paid fairly (minimum wage, overtime, equal pay)
• The right to work free from discrimination and harassment
• The right to a safe and healthy work environment
• The right to reasonable accommodations for disabilities or religious practices
• The right to take leave for family or medical reasons
• The right to speak up without retaliation

Unfortunately, violations of these rights are far too common. In 2023 alone, the Equal Employment Opportunity Commission (EEOC) received over 70,000 workplace discrimination charges. And that’s just the tip of the iceberg. Many cases go unreported out of fear, shame, or lack of awareness.

Types of Employee Rights Cases Morgan & Morgan Handles

At Morgan & Morgan, our Worker & Employee Rights Lawyers handle a wide range of employment-related claims. Here are some of the most common issues we see:

Wrongful Termination

Being fired without cause or for an illegal reason can disrupt your entire life. While most employment is “at will,” meaning employers can terminate employees for nearly any reason, there are important exceptions. You may have a wrongful termination claim if you were fired:

• In retaliation for reporting discrimination or harassment
• For taking medical leave under the FMLA
• After filing a workers’ compensation claim
• Due to your race, gender, religion, age, or disability

Our attorneys can help you uncover the truth and hold your employer accountable.

Workplace Discrimination

Federal and state laws prohibit employers from discriminating based on certain protected characteristics, including:

• Race
• Color
• National origin
• Sex (including pregnancy, sexual orientation, and gender identity)
• Religion
• Disability
• Age (40 and older)

Discrimination can take many forms: unfair discipline, denied promotions, unequal pay, or even hostile comments. If you’ve been treated unfairly due to who you are, we’re here to help.

Sexual Harassment

Sexual harassment, whether verbal, physical, or visual, is not just inappropriate, it’s illegal. Victims may feel intimidated, humiliated, or pressured into silence. At Morgan & Morgan, we provide a safe, confidential space to share your story. We’ve represented countless individuals who were harassed by coworkers, supervisors, and others in the workplace.

Wage & Hour Violations

Many employers try to cut corners to save money, especially when it comes to wages. Common wage violations include:

• Not paying minimum wage
• Not paying overtime (time-and-a-half for hours worked over 40/week)
• Misclassifying employees as independent contractors
• Requiring off-the-clock work
• Denying breaks or meal periods

We help workers recover the wages they rightfully earned, and often more, thanks to penalties and damages.

Retaliation

It’s illegal for your employer to punish you for asserting your rights. That includes:

• Reporting discrimination or harassment
• Filing a complaint with HR or a government agency
• Participating in a workplace investigation
• Requesting reasonable accommodations
• Taking protected leave

Retaliation can include demotion, suspension, termination, or any other adverse action. If you were punished for doing the right thing, we’re ready to fight for justice.

Whistleblower Protections

If you exposed wrongdoing, like fraud, safety violations, or illegal practices, you may be entitled to legal protection and even compensation. Our firm represents whistleblowers under a variety of statutes, including the False Claims Act, OSHA, and state-specific laws.

Family & Medical Leave (FMLA) Violations

Eligible employees are entitled to take up to 12 weeks of unpaid leave for certain medical or family reasons under the Family and Medical Leave Act (FMLA). Common FMLA violations include:

• Denying qualified leave requests
• Firing or disciplining employees for taking FMLA leave
• Failing to reinstate an employee after leave

Our attorneys can help ensure your rights are protected while you care for your health or your family.

Common Overtime Violations

Like many of the employee rights violations an employer can commit, overtime pay can be complex, with many employers justifying nonpayment with common excuses. 

Here are some of the most common overtime violations that workers experience and that employers often commit, knowingly or not:

Misclassifying Employees as Exempt

Some employers wrongly label workers as “exempt” from overtime when they should actually be eligible. Just having a job title like “manager” or “supervisor” doesn’t automatically mean you're exempt. Your actual job duties and salary matter most. For example, a shift leader who mostly performs the same tasks as hourly staff may still be entitled to overtime.

Paying a Flat Salary Without Overtime

Just because you're paid a weekly or monthly salary doesn’t mean your employer can skip overtime. If you're not truly exempt, you must still be paid time-and-a-half for hours worked over 40 in a workweek, regardless of how your pay is structured.

Off-the-Clock Work

Employers sometimes require or “allow” employees to do work before clocking in or after clocking out, like prepping a workstation, checking emails, or cleaning up. If this time benefits the employer, it’s typically considered compensable, and should count toward overtime.

Not Paying for Training or Meetings

Mandatory training sessions, team meetings, and company events should generally be counted as work hours. If these push your total weekly hours over 40, you may be owed overtime pay.

Failing to Count All Hours Worked

Some employers try to shave off minutes from timecards or ignore short periods of work. But under the law, even small amounts of work time count, especially if they add up over time. This includes things like donning safety gear or traveling between job sites during the workday.

Comp Time Instead of Overtime

Private-sector employers cannot legally offer "comp time" (compensatory time off) in lieu of overtime pay. If you work more than 40 hours, you must be paid extra, not just given future time off.

Improper Rounding Practices

Time clocks that always round in the employer’s favor (for example, rounding 7 minutes of work down to zero) can lead to wage theft. Rounding policies must be fair and consistent under federal law.

Misclassifying Employees as Independent Contractors

Independent contractors aren’t entitled to overtime, but many employers misclassify full-time employees to avoid paying benefits and overtime. If your employer controls your schedule, work, and tools, you may be misclassified and entitled to unpaid wages.

Not Paying Overtime for Bonuses or Incentives

If you receive non-discretionary bonuses (like production or attendance bonuses), your overtime rate should be based on your adjusted average pay, not your base rate alone. Failing to calculate that properly can mean underpaid overtime.

If you think your employer has committed any of these overtime violations, you may be entitled to back pay, penalties, and damages. Morgan & Morgan’s wage and hour attorneys can review your situation at no cost and help you fight for every dollar you’ve earned.

Why Choose Morgan & Morgan’s Worker and Employee Rights Lawyers?

As the nation’s largest plaintiffs’ law firm, Morgan & Morgan has the size, experience, and resources to take on powerful employers and win.

In over 35 years of experience, our team of more than 1,000 attorneys across the country has recovered over $25 billion recovered for our clients. And with no upfront fees and offices in every state nationwide, we make it easy for victims to get access to justice.

If you’ve experienced unfair treatment at work, navigating your legal options alone can feel overwhelming. Our experienced employee rights attorneys can:

• Evaluate your case and explain your rights
• Gather evidence (emails, policies, witness statements)
• File a complaint with the EEOC or state agency
• Negotiate with your employer for a fair settlement
• File a lawsuit if necessary and represent you in court

You don’t need to have every document or piece of proof right away. Even if you’re not sure if you have a case, a conversation with one of our attorneys can give you clarity and direction.

You don’t have to tolerate mistreatment at work. Whether your rights have already been violated or you just suspect something’s not right, Morgan & Morgan is here to help. 

Ready to talk? Contact us today for a free, confidential case evaluation.