GEORGIA EMPLOYMENT ATTORNEY
THE LAW OFFICE OF JULIE M. WEINER
In Georgia and the majority of U.S. states, employment relationships without a contract are considered “at will.” As a general rule, this means that either the employer or the employee can terminate the employment relationship for any reason or no reason at all. Of course, there are exceptions to this rule, but they are not always obvious. For example, many people believe that there is a claim for “wrongful termination” in an at-will employment jurisdiction. However, that specific claim doesn’t exist in many states. Instead, termination-related claims must be raised under very specific laws, many of which are federal. This misconception is one example of why you need an experienced plaintiff’s employment lawyer to evaluate your situation to see if you have any viable claims.
While not an exhaustive list of scenarios, the issues identified below provide some specific circumstances that may give rise to recognized employment-related claims. If you are experiencing any of these issues at work, I would encourage you to consult with an employment attorney to get a detailed analysis of your situation.
Has your employer (or potential employer) treated you differently than others because of a protected characteristic?
Were you a victim of sexually harassment or subjected to hostile treatment at work because of a protected characteristic?
Did you receive an adverse employment action becuase you did one of the following:
Were you entitled to leave under the Family and Medical Leave Act becuase
(1) your employer is a public agency or is a private company with 50 or more employees with a 75-mile radius and
(2) you were employed with the company for at least 12 months and worked at least 1250 hours in the 12 months prior to needing leave time:
Did your employer misclassify your position as “exempt” from overtime (i.e., you are paid a salary but your job duties do not meet the legal criteria for being exempt from overtime)?
Were you paid you for all hours worked at the proper rate?
Are you a non-exempt employee being paid overtime for hours exceeding 40 in a workweek?
When viewed on a weekly basis, was your pay less than the federal minimum wage of $7.25 per hour.
Does your employer owe you commissions?
Was your rate of pay changed retroactively (i.e., after the money was earned)?
Did your employer improperly dock or withhold certain amounts from your paycheck?
Did an employer breach a written contract covering the duration of your employment, limitations on reasons for termination, and/or guaranteeing certain types of compensation or benefits?
Is your non-compete agreement enforceable?
Are there other potential contract claims related to your employment?
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