Amanda Amy Farahany’s Answers

Amanda Amy Farahany

Atlanta Sexual Harassment Attorney.

Contributor Level 7
  1. Can I still pursue legal recourse, am I still legally protected, if I am fired for not returning to work because of my injury.

    Answered over 1 year ago.

    1. Amanda Amy Farahany
    2. Robert G. Rothstein
    3. Blake Jelks Smith
    4. J. Travis Studdard
    5. David Brian Snyder
    5 lawyer answers

    Depending on how long you worked for the company and the number of employees there, you may have rights under either the FMLA or the ADA. Make sure you follow your company's call in procedures for time off, and fill out any paperwork they request of you. If you have been working for the company for more than one year and there are more than 50 employees, you have the right to be absent for a serious health condition for up to 12 weeks without termination.

    4 lawyers agreed with this answer

    1 person marked this answer as helpful

  2. Besides for an Authority figure, Why else should I obtain a lawyer for Mediation with the EEOC?

    Answered over 1 year ago.

    1. Amanda Amy Farahany
    2. Scott Benjamin Riddle
    3. Thomas Andrew Miller
    3 lawyer answers

    First, the company will have a lawyer there, and that lawyer will be experienced in employment law. Second, the mediator is not there to represent you, and will not be looking out for your interests. But, most importantly, if you do not have representation, your case will have less value. The company will know that you won't be able to bring a lawsuit against them, and they won't be serious about resolving the case.

    3 lawyers agreed with this answer

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  3. Do I need a lawyer? Can I fight this?

    Answered over 1 year ago.

    1. Benjamin David Goldberg
    2. J. Thomas Smith Ph.D.
    3. Amanda Amy Farahany
    4. Robert M. Gardner Jr.
    5. Allen Rust Knox
    6. ···
    6 lawyer answers

    You may have claims under the FMLA if you were working for the company for more than a year and the company has 50 or more employees. You might also have a claim under the Americans with disabilities act. You should speak with an attorney to assess your situation.

    3 lawyers agreed with this answer

  4. If I was wrongfully fired based how would I go about getting my job back.

    Answered about 1 year ago.

    1. Amanda Amy Farahany
    2. Thomas Andrew Miller
    3. Ainsworth G. Dudley Jr.
    4. Scott Benjamin Riddle
    4 lawyer answers

    It sounds as though you may have a claim for interference of your FMLA rights, if you worked for the company for more than one year and there are more than 50 employees at or near your location of work. Did the company know that you were in the hospital? If all those conditions were met, you were probably wrongfully fired.

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  5. What to do if my sexual harasser is the head of the company? He owns it, no human resources, no one above him. Who to go to?

    Answered about 1 year ago.

    1. Amanda Amy Farahany
    2. Kevin Rindler Madison
    3. Debra Vera Jennings
    3 lawyer answers

    Unfortunately, those at the head of the company often get away with the sexual harassment unless someone steps forward and holds him accountable through the legal process. I would suggest you speak with an attorney about bringing a lawsuit against him, and to record him and start gathering evidence against him. We'd be happy to discuss this with you, if you'd like to call our office at 404-214-0120

    2 lawyers agreed with this answer

  6. Employer withheld commission trying to force me to sign a non-compete clause contract, I resigned- They Still owe me salary.

    Answered about 1 year ago.

    1. Amanda Amy Farahany
    2. Ainsworth G. Dudley Jr.
    2 lawyer answers

    You are likely owed your commissions for a breach of contract. In addition, depending on the type of work you did (such as inside sales), you may also have a claim for additional wages owed to you. You should speak to an attorney about your situation.

    2 lawyers agreed with this answer

  7. As an exempt employee, can my supervisor require me to work more than 40 hours? I am requesting to work my 40 hrs only.

    Answered about 1 year ago.

    1. Amanda Amy Farahany
    2. Ainsworth G. Dudley Jr.
    2 lawyer answers

    The first question is whether you are actually an exempt employee. Many people are misclassified and mistakenly believe that if they are paid on a salary basis that they are not entitled to overtime. That said, if you are truly an exempt employee, then the employer can make you work a 45 hour work week. If you are misclassified, then requiring you to work that extra hour each day means you are entitled to overtime for those extra five hours.

    2 lawyers agreed with this answer

  8. Is it legal to not hire a applicant because they don't have a degree?

    Answered over 1 year ago.

    1. Scott Benjamin Riddle
    2. Amanda Amy Farahany
    3. John Arnold Steakley
    4. J Charles Ferrari
    5. L. Maxwell Taylor
    5 lawyer answers

    A company can require a degree for a certain position, or it can choose to only hire people with college degr3ees.

    2 lawyers agreed with this answer

  9. Asking for more Severance

    Answered over 1 year ago.

    1. Scott Benjamin Riddle
    2. Amanda Amy Farahany
    3. Alan James Brinkmeier
    3 lawyer answers

    It can't hurt to ask for more money on your severance, but your better avenue is to call an attorney who can discuss with you what your legal rights and remedies are in your situation. Depending on your circumstances, you may be waiving all your claims without appropriately being compensated for those claims. An experienced employment lawyer in Atlanta can guide you through those issues, and let you know what to do.

    2 lawyers agreed with this answer

  10. Do I have a cause of action or recourse fore being fired without a legitimate reason? I live in Georgia, they in LA.

    Answered over 1 year ago.

    1. Scott Benjamin Riddle
    2. Darrel S Jackson
    3. Amanda Amy Farahany
    4. Ainsworth G. Dudley Jr.
    4 lawyer answers

    Unfortunately, an employer does not have to continue employment for an employee, regardless of the original intent. Unless you think the reason for termination was an illegal one (for example, discrimination or retaliation for a complaint), or the reason they provided was a lie to cover up an illegal termination, it is likely a permissible action.

    2 lawyers agreed with this answer

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