Georgia Employment Legal Questions

Since you are the person in power over her, her "retaliation" doesn't really matter. Title VII's ban on sex discrimination (which sexual harassment is a manifestation of) only punishes employers for retaliating -not employees. IF you terminate her, however, you will be handing her a great case of retaliation for engaging in protected activities of brining a complaint to her supervisor. You might be able to win such a case by showing that her complaint of sexual harassment was objectively unreasonable, so that her opposition to what she is contending was sex discrimination is not protected. But why put yourself in that position. You can win; but unless she is independently wealthy, you wouldn't recover your attorneys fees for the lawsuit. My advice based on the facts put forth here? Swallow the hurt, keep a stiff upper lip, and carry on. But document, document, document every correction you make with her, and every personal interaction.   Michael A. Caldwell ... Read More

The law doesn't operate on the premise that our dealings have to be FAIR. It only requires that they be LEGAL. Everything is legal, except what Congress has decided is illegal. It is not illegal to terminate someone for economic reasons unless you had an employment contract to employ you for a certain period of time and they breached that agreement. Otherwise it is only illegal if the reason for terminating you was illegal. Economics is not one of the criteria defined by law as illegal. Generally, the only illegal criteria are race, color religion, creed, gender, national origin, age (if you are at least 40) disability (if you are both disabled and qualified for the job), membership in or veteran of the US Armed Forces, or because you exercised some right guaranteed under federal law.     Michael A. Caldwell... Read More

The first question that must be answered is whether your Lyme disease renders you "disabled" within the meaning of the ADA, and ADAAA. "Disabled" means that you are substantially limited in a major life function. The term is interpreted as broadly as possible to include as many people as possible.  To answer this question we would have to know how severe your Lyme disease is; what effects does it have upon your daily life activities. If you do qualify as being "disabled" the next question is what kind of accommodations do you need?  The employer, at the least is required to engage with you in an "interactive dialogue" (which means listening and speaking on both sides) to determine what accommodations are required, what the impact of making the accommodation would be on the employer economically, and practically in the workplace, and whether there are other less burdensome alterations in the working environment, equipment, or non-essential job functions. Ultimately once the employer has engaged in this process and has answers to these questions it is the employer's preference that will govern. The employer need not adopt the accommodation specified by your doctor, if there are other accommodations that would enable you to perform the essential job functions in a manner that is satisfactory to the employer. Thus while your employer must consider the doctor's recommendation, he is not necessarily required to follow it if there are other accommodations that will allow you to do the job. You work for the employer, not the doctor.  ... Read More

I assume from your question that you are the target of the investigation. If not, the answer will be different. Based on my assumption. The potential oprtions are (1) refusalto cooperate, which will most likely result in your termination; (2) answering the questions that you are asked truthfully, and providing whatever exculpatory evidence (i.e., evidence tending to prove that you did not sexually harass the other individual) which may or may not result in your termination or discipline.... Read More

Generally, a salary is intended to cover all of the work one performs. However, I cannot answer the question without thoroughly being appraised of your job duties and your departmental responsibilities to determine whether you are exempt or non-exempt. Unless you work for a Sheriff, I would probably be conflicted out from advising you anyway because I am General Counsel to the Georgia Association of Chiefs of Police to which most Police Chiefs in Georgia belong. Michael A. Caldwell... Read More

I am not sure what you mean by "unfair in pay." If it means that the employer is not paying you at least the minimum wage for all the time you work plus overtime pay at 150% of your regular hourly rate for all the time you work past 40 hours in a 7 day work week, the employer is violating the Fair Labor Standards Act, and we can sue him for all the unpaid minimum wage and overtime that he owes you, and you can win liquidated damages in addition in an amount equal to the unpaid minimum wage and overtime. We can win your wages and liquidated damages going back as far as 3 years from the date you file the complaint. We can help you there. As far as the sexual harassment goes, we can assist you in filing a charge of sex discrimination (sex harassment is a form of sex discrimination) with the EEOC. However you must file such a charge not later than 180 days after the last time he sexually harassed you.  As to the physical ailments that you are suffering -possibly because of the dangerous conditions in the building where you are working-- you can file a charge with the Occupational Safety and Health Administration (OSHA) who will inspect the building and force the employer to fix the conditions. Your medical expenses for treatment of a disease acquired because of your working coniditions must be paid by the employer under the workers compensation laws. You also are entitled to pay under workers comp for any time you miss because of the illness acquired at work.  You have these rights regardless of your immigration status. We can help you in each of these issues. If you or your co-workers do not speak English well, our employees are fluent in Spanish as well as English. Just ask for Jessica or Sara, and tell them that you contacted me. Michael A. Caldwell 404-979-3150... Read More

The loan may be enforcable at least up to the $2500 that he lent you, even if it is only based on an oral promise to repay the amount. However, the employer cannot chop off or "round down" 15 minutes per day of compensible time and not pay you for time you worked. That amount is more than minimal and totals 1 hour and 15 minutes per week. If you worked more than 40 hours in each work week (including the extra 1.25 hours noted above) he owes you overtime at the rate of 150% of your hourly wage rate mutiplied by the number of hours and parts of hours that you worked after 40 hours in the week. This assumes (1) that your employer is covered by the FLSA; or (2) that your job is covered by the FLSA and (3) that you are not exempt from FLSA coverage. I cannot advise you more without knowing the particulars of your job. If your employer is subject to the act, or if your job is covered by the act, and if you are no an exempt employee, this is the type of case where you can win the unpaid amount multiplied by 2, plus the employer has to pay your attorneys fees. Our firm usually accepts such cases without requiring the client to pay anything, and we get paid by the employer if and when we conclude a settlement or win the judgment. Michael A. Caldwell 404-979-3154... Read More

Unless you are exempt, the time you spend monitoring software after hours counts as working or compensible time under the FLSA. You should keep track of it, and make sure your employer knows that you are doing it. Send the employer notice of the time you spend doing this every week. If the employer does not compensate you for the time, including counting that time toward accumulation of hours for overtime purposes, he violates the FLSA. You can win twice as much as he should have paid you for the time. And hte employer has to pay your attorneys fees.   Michael A Caldwell 404-979-3154... Read More

I do not know the answer to your question. You did not identify your state it varies from state to state. Also, some cities and/or counties have a more restricted law than does their state, so it may also depend on which city or county the bar is located in. I think GA has a no minors allowed in a smoking bar law, but I also think that there is an employee exception.... Read More

I do not know. I am not clear if you were paid for that lunch meeting or not. It sounds like they are paying you for that meeting, and having you take some comp time off, meaning you will be paid the same, so I am confused why you have a problem. What is the problem with leaving work a bit early? 1) I suggest you contact Wage and Hour Division (WHD) - U.S. Department of Labor http://www.wagehour.dol.gov/ They have investigators that handle such questions. or 2) Google this: wage and hour law This search should take you to many firms that give advice on their web pages. Most take telephone calls for free. If you have a good case, they often get paid only and when you win.... Read More

Deny what? Employment? The answer varies from state to state. You did not identify your state. If you are not in GA, resubmit your question and identify your state. In GA, you may be discharged for "had a felony" or any other reason, so long as that is the real reason, and not a trick to fire you for some illegal reason. In GA, the only illegal reasons are: Race, age, sex, national origin, religion, or handicap. If it is not on that list, it is not protected, and may be a basis for a completely lawful discharge.... Read More

I do not understand the facts you stated, therefore I can not answer. If you were not a party to that suit, why are you expecting to be paid anything? I only answer questions based on Ga law. In GA, we have no "labor board" Perhaps you could resubmit your question, and identify your state.... Read More

Defamation is spreading false information. You said " I was fired" What makes spreading the fact that I got fired a false statement? It appears they are spreading the truth, and therefore not a false statement. So, are you going to sue some one for telling the truth? You may or may not have a suit for the malicious broadcast of a private fact, but I do not know. The courts generally do not favor such suits. Good luck with finding a lawyer that will take your case. If you go it alone, without an attorney, you are even less likely to succeed.... Read More