Employee Rights - Georgia Employment Attorney

GEORGIA EMPLOYMENT ATTORNEY

THE LAW OFFICE OF JULIE M. WEINER

Advocate for the Legal Rights of GEORGIA Employees

In Georgia, most employment relationships are considered “at will.” This means, as a general rule, an employment relationship can be terminated for any reason or no reason at all. Of course, there are exceptions to this rule, but they are not always obvious. Most claims that people generically label as “wrongful termination” actually must be raised under very specific laws. That is why you need an experienced plaintiff’s employment lawyer to evaluate your situation to see if you have any viable claims.

DO YOU HAVE A POTENTIAL EMPLOYMENT CLAIM?

While this is not an exhaustive list of scenarios, it gives you an idea of some specific circumstances that can give rise to recognized employment-related claims. If you are experiencing these items at work, you should contact an employment attorney to get a detailed analysis of your situation.

DISCRIMINATION

Were you treated differently by your employer or a potential employer because of a protected characteristic?

Age (over 40)
Gender
Race
National origin
Religion
Pregnancy
Sexual orientation or identity
Genetic information.
Disability, which includes:
- Discrimination because of your close association with a disabled individual.
- Failing to make reasonable accommodations.
- Improper workplace medical exams or inquiries (pre-offer, while job offer is pending, or during employment).
- Taking adverse employment action because of information learned from a job-related medical exam or inquiry.

HARASSMENT

Have you been sexually harassed or subjected to hostile treatment at work because of a protected characteristic?

Was the conduct directed at you by a co-worker or a supervisor/manager?
Was anyone else treated in the same hostile manner by the same individual(s)? If so, what protected characteristics do you and the other employees share and what traits are different?
How frequent was the conduct?
How long did the harassment endure (one time? weeks? months?)
Was the conduct threatening or humiliating?
Does the company have a policy about reporting harassment?
Did you report the conduct to anyone? (If so, what action did the employer take?)
How did the conduct towards you alter your work environment?

RETALIATION

Did you suffer an adverse employment action becuase you did one of the following:

Complained to someone in authority (supervisor, manager, owner, officer, HR, etc.) about being treated differently because of a protected characteristic.
Complained to someone in authority about a hostile work environment based on a protected characteristic?
Participated in someone else’s claim of unlawful discrimination, harassment or retaliation.
Took FMLA leave
Took Military leave.
Complained about minimum wage or overtime issues?
Attended a court ordered proceeding (deposition, trial, etc.) or served on jury duty?
Reported violations of laws, regulations or rules by your government agency employer?

MEDICAL LEAVE

If you were 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:

Were you denied FMLA leave?
Did your employer interfere with your ability to take FMLA leave?
Were you denied reinstatement (entirely or to a substantially equivalent position) after your FMLA was over?

Did your employer deny leave time that you requested as a reasonable accommodation for your disability?

PAY ISSUES

Was your position misclassified as “exempt” from overtime (i.e., you are paid a salary but your job duties do not meet the criteria for being “exempt” from overtime)?

Did your employer pay you for all hours worked at the proper rate?

Are you making at least minimum wage?
Are you a non-exempt employee being paid overtime for hours exceeding 40 in a workweek?

Are you due commissions?

Was your rate of pay changed retroactively (i.e., after the money was earned)?

Was your paycheck improperly docked or withheld?

CONTRACTS

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?

Do a company’s policies create a contract claim?
Do you have any potential claims for breach of a verbal or implied contract?

Are you entitled to payment for unused time off when you are terminated?
Is a company obligated to pay severance?

For more information about employment claims, take a look at the HELPFUL LINKS section.

You can also REQUEST A CONSULTATION to see if my firm can assist you or provide a referral.

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