Georgia Employment Legal Questions

Ordinarily, unless the employer has adopted a written severance plan, or has consistently and uniformly maintained a practice of providing a certain amount of severance benefits to departing employees under certain pre-ordained circumstances, the employer is not required to pay severance pay to a departing employee.   The fact that your company deducted from the severance amounts, an amount equal to the insurance premiums would not result in any obligation to the employee, if the company is not contractually or otherwise obligated to pay a certain amount of severance to the employee in as set forth in the above paragraph. (Decency might dictate that the employee be made whole for the deductions, however; I leave that to your judgment.) You do not mention the nimber of employees the company employs, or what state you are in so that we can determine whether federal or state COBRA laws might apply. If they do apply and the employer has not made sure that the employee recieved the COBRA notice, including the part that tells the employee how the employee can maintain the group coverage enjoyed during his employment by paying the emplyer's and the employees' portions of the premiums, it might well be that the employee can successfully argue that the employer has taaken upon itself the role of insurer for any medical costs that would have been covered by the group health insurance. In any event, especially where the Company explicitly informed the employee that the insurance coverage would end with his employment, its mere deduction of the amount equal to the employee's contribution for the medical coverage would not, by itself, make the employer become the insurer of the payments for the employee's medical expenses.  I hope this is helpful to you. Michael A. Caldwell 404-979-3154... Read More

The short and definitive answer is No. You cannot sue the employer for doing that. Your employer does not owe you or anybody the duty of policing its employees extramarital affairs. Since he breached no legal duties, there are no damages that you can collect. Your husband's (and his paramore's) behavior is despicable.  Howver, it is not illegal.   Michael A. Caldwell 404-979-3154... Read More

If you succeed in proving that your employer was required but failed to pay you overtime the court will award you the backpay that you should have made, plus liquidated damages that equal the back pay. Thus you would receive twice as much as the employer failed to pay you. Additionally, you can collect prejudgment interest.  The court can award damages going back as far as three years before the date the suit is filed. Thus if you worked there for a while, you will want to file suit as quickly as possible. The key is in determining whether your employer is covered by the law (does it do a gross amount of at least $500,000?), and whether you are exempt. There are over 300 exemptions, but the largest number fall within the "white collar exemptions" for professional, executive and administrative employees. Each of these positions has a precise definintion. The employee must meet every part of the definition for the exemption to apply.   Since the court will award a successful plaintiff his/her attorney fees and costs, our firm does not require the employee to pay our fees or expenses. We collect them from the employer. Michael A. Caldwell 404-979-3154... Read More

No employee needs to submit to unwelcome sexual advances from the boss as a price of getting or keeping a job. If your employer employs at least 15 people for 20 weeks, it is subject to the sexual harassment prohibitions of Title VII of the 1964 Civil Rights Act. That law makes it unlawful to discriminate against an employee based on gender. Sexual harassment is a form of gender discrimination. If his sexual advances are unwelcome (and if you make it clear that they are unwelcome) then his behavior can fall within the definition of sexual harassment. If they occur frequently so that they become a part of your working environment, that is enough to make it legally actionable.  If your boss makes your submission to his sexual advances a condition of employment (such as, for example, by propositioning you continuously) this creates a hostile working environment because of your sex. If you can get evidence of your boss's sexual advances and your objections to them recorded on a on a cell phone that will help quite a lot in proving the case. You will need to file a charge of sexual discrimination with the EEOC not later than 180 days after he makes the sexual advance or request for sexual favors. If you wait longer than 180 days after the last time that he propositions you,  you won't be able to file a charge or successfully sue him for sexual harassment.   Michael A. Caldwell 404-979-3154  ... Read More

I am confused why you are seeking an answer here, when you have already retained an attorney. Are you shopping until you get the answer you wish? I suspect you really do not have a legal problem, that is to say the law is probably not the best way to resolve your problem. First, I am assuming you are in GA. If not, resubmit your answer and indicate your state. Partnerships are governed by state law, which varies from state to state. Second, I am assuming you have no written partnership agreement. If you do, then look to that agreement for an answer. If you have no agreement, your resignation likely would be valid, even though you did it on a napkin, in anger. Absent an agreement to the contrary, a resignation is a resignation, and there is no requirement that it be more formal. As to financial obligations, you may owe them, they may owe you. It depends on the circumstances. As for your reputation in the community, that is a wholly separate matter. Perhaps you can rebuild it by other good deeds, and perhaps by making peace with those who offended you.... Read More

The law does not require the employer to pay any severance unless the employer has a severance pay plan. Severance pay is a contractual issue. To make an enforceable contract the employee who is promised severance pay must have given something up to the employer in return for the promise to pay severance. It doesn't matter what the value of the thing or right that the employee gave up. The question is whether you gave up anything in return for the severance pay. If you promised not to file charges or a lawsuit against the company, for example, your promise not to file is adequate "consideration" which you are giving to the employer to warrant enforcement of the promise  to pay severance pay to you. If you did make such a promise and they didn't pay you severance, then you don't have to give up the right to file a charge or a suit. The important thing here is to make sure you don't wait too long to bring the charge or suit. Claims of unlawful employment discrimination have ber short limitations periods. The claimant usually has to briong a charge to the EEOC claiming that the employer discriminated no later than 180 days after the discriminatory act happened. If what you agreed to give up in return for the severance is a right to sue the employer for unlawful discrimination, you should not wait beyond 175 days after the discriminatory action before filing charges with the EEOC. If you gave upn such a right you can sue the employer for the severance pay for up to 6 years (if the promise was made in writing) or up to 4 years (if the promise was an oral contract).   Michael A. Caldwell 404-979-3154... Read More

Regardless of your husband's immigration status, the federal Fair Labor Standards Act requires the employer to pay his regular wages for all hours that he works under 40 hours and 1.5 x his regular hourly wage rate for all time he works over 40 hours. This assumes that (1) the employer does at least $500,000 of business per year, and (2) that your husband does not fall within one of the exemptions to the overtime provisions (if he is exempt it means only that he would get paid his regular salary). To give you a more definitive answer I would need to know more about your husband's employer, and the job that your husband performed. We bring these cases in federal court. In our firm we collect our fees not from the employee, but rather from the employer (since the law requires the employer to reimburse the employee for attorneys fees for brining the suit--we just collect it from the employer so that the employee doesn't feel any pressure). If the employer is covered and if your husband is non-exempt we also can collect the amount of unpaid wages plus an additional amount equal to the unpaid wages for periods going back 3 years. (So that's twice the unpaid wages.)  We would be happy to assist you Michael A. Caldwell 404-979-3154... Read More

Let me see if I understand you: When you were asked to resign, they offered you three months severance. They had never promosed to pay you more than three months severance. There was no company policy or contract that assured you that you would receive more than three months severance You accepted three months severance at the time of your termination. You never made an agreement after this point that you would receive more than three months severance. You have done nothing to earn the payment of more than three months severance. So you think you should be allowed to keep the extra severance payments that they have made ti you erroneously ? Am I interpreting the facts correctly? Even if they could not legally force you to repay the overpayment, however, do YOU think it is honest to accept the money that you did not earn and that they did not promise to pay you, by taking advantage of their mistake?I think they may be able to force you to pay back the extra severance in this situation. I know if I were their attorney, I certainly would try.   Michael A. Caldwell... Read More

Your question provides too little information to give you a definitive answer. Generally, employees in Georgia work "at will." This means that their employer does not need a reason to terminate the employees, and the employee doesn't need a reason to quit. So long as the employer's reason for terminating the employee is not unlawful, the termination itself is lawful.   Terminating an employee for discussing his/her wages may or may not be unlawful, depending on the context and circumstances of the discussion. If you have no contract of employment the question is decided under federal law. It will depend on whom you told your wages to, and for what purpose. If you disclosed your wages to a fellow employee, or to a union organizer in a discussion of whether you were being paid fairly or adequately, your actions could be protected as "protected concerted action" under the National Labor Relations Act.  This assumes that your employer is covered by the NLRA.  If the employer is not an airline or railroad or a directly related company to those industries, and if your employer purchases and sells at least $50,000.00 from outside the state of Georgia, (I think that's the dollar volume minimum level, but I am not positive) it would be covered by the NLRA. An employer could not lawfully fire you for engaging in protected concerted activity, Doing so would violate Section 8(a)(1) of the NLRA. You would need to file a charge with the NLRB within 180 days of the illegal act claiming that your employer discriminated against you, restrained and coerced you in your exercise of your right to engage in protected concerted activity by firing you for discussing your wages with fellow employees (or with a union organizer). Michael A. Caldwell 404-979-3154   ... Read More

You have not asked a legal question. / you have asked advice on what you should do. you should consider 1) What are the chances I will be made whole (paid everything you or owed) if I stay with this employer) Should I bail now, accept my losses. and find another job. There are pros and cons for each choice, only you can chose.... Read More

The employer can only prevent you from receiving unemployment benefits where if can prove that you willfully violated an employer rule or policy that you knew wabout, or that common sense dictates  you should have known about. Given the facts that you recite above, you should be eligible for benefits. But be sure to testify that youdid your job the best you knew how.  ... Read More

It is not clear how many weeks you were absent for your treatment, or whether you had exhausted your 12 weeks of FMLA leave per year. It also is not clear from the information you provided whether your employer is coverd by the FMLA. If your employer employs at least 50 people for 20 weeks in the past 12 months, and if you worked at least 1250 hours in the past 12 months, your employer would be covered and you would be eligible for the benefit. For eligible employees of covered employers, the law entitles you to take at least 12 weeks FMLA leave to deal with a serious health condition. Addiction can be considered a serious health condition. If the employer has laid you off while retaining temporary employees in this circumstance, you may have a suit for unlawful interference with your FMLA leave rights or retaliation for utilizing your FMLA leave rights. Moreover, you also may have a suit for unlawful discrimination based on your disability. Drug addiction (but not current drug use) is protected as a disability under the ADA and Rehabilitaion Acts. You have a history of drug addiction which is considered a disability as well. Also the employer may consider you to be a drug addict. Any or all 3 of those factors is sufficient to make the employer's action in laying you off a potentially successful lawsuit. For ADA/Rehabilitation Act cases you must file a charge with the EEOC first.  You must file it not later than 180 days after the date of the discriminatory act (in your case the date you were informed of the layoff).  To bring an FMLA cae you do not have to file a charge first.  You can initiate a federal lawsuit withoug going through any administrative steps. If you need additional information or assistance you may call me. Michael A. Caldwell 404-979-3154    ... Read More

In Georgia, you have no right to see your personnel file. They are property of the employer. Should a law suit be filed, you likely would then have a right to subpoena the file. But, that would be only for a valid law suit. Generally, in GA, you have no rights to sue the employer for wrongful discharge, unless you can bring your suit under the Federal EEOC grounds, which are limited to race, age, sex, national origin, religious beliefs, or handicap. If it is not on that list, you have no rights in Georgia, and your suit would be dismissed. For more info, Google this: Georgia, employment at will.... Read More

I am sorry you lost your job. If you work in Georgia, you are employed at will. The employer can fire you for any reason at all (or for no reason at all) as long s the reason is not prohibited discrimination under federal law (i.e., as long as it didn't fire you because of your race, color, creed, religion, gender, national origin age (if you're over 40) disability (if you are substantially impaired in a major life function and qualified to perform the essential duties of the job), membership in the armed forces or reserves, or a veteran thereof. Private employees have no right to "due process" unless they have a contract (either indivdiually, or a collective bargaining agreement) that provides otherwise. Public employees likewise have no "due process rights" to keep their jobs unless they have contracts providing otherwise, or unless the public employer has created that right in a rule, policy, procedure, ordinance or statute. You can get unemployment compensation as long as you can testify that you did the best you knoew how and that you didn't violate any employer policy, rule or guideline that you would be expected to be aware of. Michael A. Caldwell... Read More

Your questions are governed by the Fair Labor Standards Act (FLSA) a federal law.  If your company is covered by the FLSA (i.e., if it does at least $500,000.00 of business per year) then the Company must pay you from the time you sign in until the time you go home.The activities that you describe are all compensable time under the FLSA.  I don't understand what "12-21% based in houses that are cleaned per day" means, so I cannot factor in that issue. Whether they base you pay on an hourly rate or whether you are being paid on a "piece rate" (i.e., per house) when you divide the amount they pay you per week by the number of hours that you worked that week, the hourly rate of pay must not be less that $7.25/hour. It is legal to require you to pass out flyers. It is wrong, but may or may not be illegal (depending on what they say or do) to "verbally and mentally" abuse employees. There are cases where this may be illegal (such as where they abuse women, but not men, or black people but not white people. I'd have to know a lot more about this claim to tell you whether it is actionable. As far as the penalties for errors on Route Managers' sheets, the question is whether the route manager is a covered employee (i.e., not an exempt an employee) and whether if he is non-exempt, he is paid at least $7.25/hour after they make the deduction. If you get charged for the phone call that the company makes using your phone to call the customer, you would have to deduct the cost of the call from your weekly pay to figure whether you were taking home at least $7.25/hour for that week. It is illegal for the employer to bounce a paycheck, or to write you a check when it knows it does not have the funds in the bank account to pay the check.  If the employer is covered by the FLSA, and you can show that the employer failed to pay you the minimum wage of at least $7.25/hour for every hour that you worked up to 40 hours, plus 150% of your hourly rate for all time that you work in excess of 40 hours, you can sue the employer in federal court. If you hire an attorney (and you should) and if the attorney wins, the employer has to pay your attorneys fees.  In addition the employer has to pay the amount that he underpaid you, multiplied by 2. Michael A. Caldwell 404-979-3154  ... Read More

The Equal Employment Opportunity Commission (EEOC) has published guidelines under the Americans with Disabilities Act and the Pregnancy Discrimination Act that provide that an employer's refusal to make a reasonable accommodation for a pregnant employee is unlawful under the Pregnancy Discrimination Act. You must file an EEOC charge wuithin 180 days of the employer's unlawful act (in this case, by refusing to make a reasonable accommodation).  Your employer is covered by the PDA so long as it employs at least 15 employees for at least 20 weeks.   Michael A. Caldwell 404-979-3154... Read More