Dean Richard Fuchs's Answers

Can a 17 year old be fired from a job with a false reason of sexual harrassment called ridiculous by even the supposed victim?

The short answer is yes. An employee, including a 17-year old one, can be fired in GA for any reason, good, bad or none at all, so long as there is no discriminative motive behind the termination. I wasn't there when this incident happened, but sounds like it was a bit of an over-reaction to what your son did. Be that as it may, the employer is free to "over-react" if it wants to. Unfortunate situation for your son, but pehaps a learning experience while he is still young. No, I do not...

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In Georgia is it legal to cut full time employees down to part time???

Yes, an employer can legally reduce an employee's working hours from 40 to 35. An employer can send employees home where there is no work to be done. A reduction in work hours will probably not qualify an employee for unemployment insurance in GA. No, mangement will not "get in trouble" for reducing an employee's hours, unless the decision to do so was motivated by illegal discrimination. Dean R. Fuchs

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I haven't been compensated for services that I rendered over a year ago. Can I still be compensated?

The short answer is yes. The statute of limitations in GA to sue for unpaid wages is 2 years. Alternatively, you can sue the agency for what is called "unjust enrichment" or "quantum meruit" (meaning you did not get paid for the value of your services) and the statute of limitations in GA for such a claim is 4 years. Of course, you will need to prove what you were promised, by whom, how much they promised to pay you extra, the value of your services, etc. That said, there is generally no...

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I was terminated 10 days ago from a sales position and still have not received a termination letter or compensation

Yes, the company can terminate you, since you were an "at-will" employee, meaning you can be fired for any reason (or no reason) so long as it was not discriminatory. Employer is technically supposed to issue you a Separation Notice within 3 days of separation (according to GA Dept of Labor regulations), but there is no real teeth in this rule. Just tell the Dept of Labor that employer has refused to issue you a separation notice. As for your compensation, you are entitled to be paid...

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What type of lawyer is right for this situation?

Your friend needs an employment discrimination lawyer. Based upon your description, it sounds as if your friend was the victim of unlawful retaliation in the workplace for reporting an incident of sexual harassment. Your friend's complaint constitutes "protected speech" and he/she cannot be fired because of it. I handle these types of cases, and would be happy to speak directly with your friend. Dean R. Fuchs (404) 688-8277 direct drf@swtlaw.com

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I live and work in the state of Ga-my employer is moving my job 75 miles from my home

The payment of severance benefits is purely voluntary, so you never have any "right" to receive them. If the employer does not want to pay severance, it is not obligated to do so. However, because it sounds like you are losing your job through no fault of your own (i.e. the relocation of the position 75 miles away), I believe that you should be eligible to receive unemployment insurance benefits from the employer. Hope this helps. Dean R. Fuchs, Esq. drf@swtlaw.com 404.688.8277 No...

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Is it legal for an employer to have 1 or 2 managers sign a no compete/solicitation agreement, but not other managers on the same

It could be some evidence of discrimination, depending on what is motivating the decisionmaker. Of course, before you can make a claim for discrimination, you must suffer some "adverse employment action." I do not believe that forcing you to sign a restrictive covenant constitutes an adverse employment action, thus I do not believe it constitutes actionable discrimination. That said, what is unclear from your question is how you (and the other manager) differ from the other managers who are...

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How binding is landlord/tenant contract?

Yes, residential leases are generally binding. The best thing to do is give your landlord as much advance notice of your intent to vacate the premises as possible. If you cannot give at least 30 days' advance notice, Landlord will likely seek to charge you for at least a prorated portion of the month following your departure date. If you fail to pay the additional rent, landlord can report you to the credit reporting bureaus and/or attempt to sue you to collect unpaid rent. If landlord has...

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I was approved for FMLA and still have the approval.Surgery was canceled and after 4 days back i was terminated. Is there a case

Maybe. It really depends on what the given reason was for your termination, and whether you can demonstrate it is not the real reason for your termination. I regularly handle FMLA claims in Georgia. My concern about your claim is that it may be challenging to contend your FMLA was the reason for your termination, after your employer had already approved your leave and accepted the fact your were out for a length of time. It seems a little strange that it would fire you for taking FMLA leave,...

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Can you be fired if you are on leave a absent?

Generally, employers in Georgia can do nearly anything they want. Your question depends upon a number of variables, like what the employer's leave policy says, and whether or not you were eligible for leave under the Family & Medical Leave Act. If so, your termination may violate that statute. You should consult with an employment attorney to determine whether or not you qualified for leave under that statute. This response is made for marketing purposes only, and no attorney-client...

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