Georgia Employment Legal Questions

If you did not receive all of the severance pay that was agreed to be paid then clearly there is a breach of contract. If the contract is in writing that it's a breach of a written agreement. If there is an oral agreement then there's a breach of an oral agreement. In either case you would have the right to pursue civil the recovery of the wages and potential he claim attorneys fees... Read More

Title VII commands that covered employers (those having at least 15 employees) make "a reasonable accommodation" to the religious practices of their employees. The Supreme Court has said that this can only require an employer to bear a "slight burden." If it requires more than a slight burden, the accommodation is not reasonable, and it is not necessary.  The determination is to be made on a case-by-case basis. I would need to know a little more about your firm. I can see how it might impose a greater burden on a smaller firm to accommodate the Passover preference of a Jewish accountant than it would for a larger firm lie E&Y.    Michael A. Caldwell michaelcaldwell@dcbflegal.com 404-979-3154... Read More

If your employer is covered by the FMLA (does it have at least 50 employees working within a 75 mile radius of you?), and if you complied with your employer's policy for applying for FMLA leave, you may have a case of interference or retaliation for exercising rights under the FMLA. In such a case you can win your back pay, liquidated damages equal to the back pay,reinstatement to your job, and your attorney's fees.    Michael A. Caldwell michaelcaldwell@dcbflegal.com... Read More

I would need to review both contracts to tell you the answer for sure; however, it is quite possible that the second contract replaced the first and that there no longer is a non-compete agreement. If you can send them to me I can make a much more intelligent judgment.   Michael A. Caldwell 404-979-3154 michaelcaldwell@dcbflegal.com ... Read More

Unless there is a union contract, or unless the employee works in an industry where maximum hours are set by regulations, such as for interstate truck drivers and pilots, there is no set maximum number of hours that an employer may assign to an employee. The employer must pay the employee 150% of their hourly wage rate for each hour or part of an hour that the employee works after 40 hours.   Michael A. Caldwell... Read More

You will need to oppose the company's position in an unemployment compensation hearing. They will claim that you voluntarily quit - which means you will not be eligible for benefits. You will have to file an appeal and show the appeals examiner that you did not quit. Any correspondence immediately before or after the date of your termination will be relevant and material to your proof.   I am not aware of any law that would permit you to sue them for mischaracterizing your separation as a voluntary resignation.   Michael A. Caldwell... Read More

There is not enough information to determine that there may be a legal issue here. There clearly is a human dignity issue, in your supervisor's disrespectful name-calling. But unfortunately, the law does not require a supervisor to respect the innate human dignity of the people s/he supervises. It is unfortunate that your HR department doesn't recognize the damage the supervisor is doing. The best way to combat this is to find a better job with another employer and quit. Be successful and contribute to the success of a competing company.   Michael A. Caldwell... Read More

1. Yes you very well could have a sexual harassment case.  You need first to go to the EEOC and file a charge. It will be very important what you put into the charge.  You will need to be able to describe how the working conditions to which your manager subjected you and the others were so unbearable that a reasonable person could not be expected to endure them, so that you were "constructively discharged." 2.You must file the charge with the EEOC before you can initiate a lawsuit against your former employer.  The deadline for filing the charge is 180 days after the last date the discrimination occurred (which would be the day you were forced to resign). 3. If you need assistance in wording the charge, we can help you. However, we do have to charge you for this work.   Michael A. Caldwell 404-979-3154... Read More

If you are saying that the employer reducted or deducted the salary to pay for health insurance, then this would be a salary basis violation and a breach of contract.  Can an employer lower a person's salary?  yes, but they cannot just simply take the money just to pay for the health insurance.  Also, this may be a salary basis violation which then makes any such employee eligible to obtain a premium for overtime hours.  Consult a lawyer experienced in FLSA.  you can also contact me if you need further legal advice.  ... Read More

More importantly is whether you were properly compensated for these hours.  Generally, the employer can set the work schedule, even 7 days a week.  But, if you are non-exempt under the law, you should be paid a premium for overtime hours.  You may want to verify if you were properly paid overtime wages.  ... Read More

If you have not received an answer as of today, consult a lawyer.  They should tell you within 7 days of the certification process if any deficiency, but they may need altnerative or seek alternative medical opinion at their expense.  They needed to tell you in writing in 7 days if fmla application was deficient.  ... Read More

The employer may be able to deduct from your final paycheck the amount of your loan. However, if you are a non-exempt employee of an employer covered by the Fair Labor Standards Act, the fact that you are salaried makes no difference. The employer is required to pay you overtime. I would need to know more about your employer and your job to provide more advice.   Michael A. Caldwell 404-979-3154. ... Read More

I am so sorry for your loss.  Unfortunately, you most likely would not be able to recover from your employer for this injury. Had the employer forced you to take leave it could have been found guilty of pregnancy discrimination. It would likely be impossible to prove with sufficient certainty that the employer caused the injury in any event.  Rather than wasting your time and emotional strength suing your employer, you should take the time to heal emotionally. It will be a far better use of your energies. Michael A. Caldwell... Read More

With a policy that requires you to answer the call within 10 minutes your use of your on-call time for your own purposes is very limited.  They may be required to pay you for your on call time. Keep track of all the time you are placed on-call. After a few months you should have enough time accumulated so that if they have failed to pay you for the on-call time, they will owe you 2 times the amount they should have paid you. They will also have to pay your attorneys fees. We handle cases like this all the time, and under the law, if we win the employer has to pay us not the employee. We take these cases on a contingent basis. Michael A. Caldwell 404-979-3154... Read More

The employer has 5 business days to tell you whether you are approved for the leave. Here is what the US Department of Labor says: ELIGIBILITY AND RIGHTS AND RESPONSIBILITIES NOTICE REQUIREMENTS Employee eligibility is determined, and notice of eligibility status must be provided, the first time the employee takes leave for an FMLA-qualifying reason in the employer’s designated 12-month leave year. The eligibility notice may be either oral or in writing and must: • Be provided within five business days of the initial request for leave or when the employer acquires knowledge that an employee leave may be for an FMLA-qualifying reason; • Inform the employee of his or her eligibility status; and • If the employee is determined to be not eligible for FMLA leave, state at least one reason why. The eligibility notice is not required for FMLA absences for the same qualifying reason during the same leave year or for FMLA absences for a different qualifying reason where the employee’s eligibility status has not changed. If the employee requests leave for a different qualifying reason in the same leave year and the employee’s eligibility status has changed, the employer must notify the employee of the change in eligibility status within five business days. Each time employers are required to provide the eligibility notice, they must also provide employees with a rights and responsibilities notice, notifying employees of their obligations concerning the use of FMLA leave and the consequences of failing to meet those obligations. Here is the web address for the information:  https://www.dol.gov/whd/regs/compliance/whdfs28d.pdf Michael A. Caldwell 404-979-3154 ... Read More

Have you received the OSHA Report?  Did they find black mold?  Who sent in a crew? the employer?  OSHA? whose opinion was it that the mold was "not that bad"? You may have an OSHA case; but the most OSHA can do is cite and fine them - and the fine goes to the US Treasury, not to an employee.  You may have a workers compensation case. You should contact a workers compensation attorney.  I recommend  J. Franklin Burns 6100 Lake Forrest Dr. NE #570, Atlanta, GA 30328 Phone: (404) 303-7770 He is a great plaintiff's workers compensation attorney. Tell him I recommended him. Michael A. Caldwell 404-979-3154 ... Read More

I would need to know a lot more about the techs and your business.  What is the business, how much (gross amount) business did you do in the preceding 12 months. What do the field techs do? What are the financial restrictions that prohibit you from increasing their salaries? You really should make an appointment to come in and discuss your business and possible options. Without such information anyone would be guessing.   Michael A. Caldwell 404-979-3154... Read More

It depends on whether you have a contract that the employer is breaching by firing you, or whether the employer is firing you for an illegal reason (provided that you can prove this). Otherwise, in Georgia, the rule is that you are employed at will, and the employer doesn't need to give you any advanced warning or any reason for its decisions affecting you so long as its actual reason is not an illegal one. (race, religion etc.) ... Read More

If he is paying you"under the table" he is probably violating the federal wage and hour laws too. We handle cases like this all the time.  If we took your case and won, we could recover 2 times the amount by which he underpaid you.  You'd be nuts not to hire a lawyer since, if you win, the employer has to pay your attorneys fees too. We do not charge our clients any amount from their back pay for doing this. We recover our hourly rate from the employer plus (at most) a portion fo the liquidated damages penalty awarded to you. Michael A. Caldwell 404-979-3154... Read More

Assuming you have no contract providing , the employer may unilaterally change your pay and benefits going forward. However you are entitled to keep what you already earned both in terms of pay and benefits. When you come to work the next day after the employer announces the changes -they take effect prospectively not retroactively.   Michael A. Caldwell... Read More

The question is always why are they doing what they are doing (or not doing).  Do you have any evidence that the decisions may be based on your age or gender? if so you might file an age discrimination or gender discrimination claim with the EEOC. It is not illegal to discriminate against women with young children so long as you also discriminate against men with young children. Has your employer ever told you that your children are the reason for their decisions>   Michael A. Caldwell ... Read More