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Joseph Alan White

Joseph White’s Answers

5 total

  • Do I have a legitimate Defamation of Character lawsuit against former employer?

    I was terminated from my job for sexual harassment. Though there was no claim placed by the party who I was accused of sexual harassing! I was placed at another location only to be fired from that location 1 week later as well. I was told that the...

    Joseph’s Answer

    Did the employer make the accusations about sexual harassment or criminal activity to any third party (e.g., a prospective employer)? Or were the statements made to you? If the latter, then there's probably no defamation claim because defamation requires publication. If I'm reading this correctly, it sounds like your objection is that the employer fired you for reasons you believe are false. That's frustrating, but probably not actionable. Georgia is an employment-at-will state that gives employers broad latitude when it comes to disciplining and firing employees.

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  • The Eeoc has agreed with my claim but employer says no.Can you help me find lawyer on contingency status?

    I turned them in to labor dept and told on them for having emergency doors locked during a fire.They moved me to a different position and then fired me

    Joseph’s Answer

    Our firm handles such claims. Please feel free to contact us using the attached link.

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  • Do I need a labor and employment attorney?

    My workers comp attorney advised me to seek the advice of someone in the labor and employment specialty. I have an open worker's comp case and was 'laid off' from my job today (12/31/13) due to 'lack of work'. I will try to be brief with only the ...

    Joseph’s Answer

    As I'm sure you've been told, Georgia is an employment-at-will state. That means Georgia courts do not recognize claims for wrongful termination unless a law specifically creates such a claim. Georgia's workers' compensation act does not include an anti-retaliation provision, so Georgia courts do not recognize a claim for wrongful termination in retaliation for an employee's pursuing a workers' compensation claim. That said, you may have a claim for disability discrimination under the Americans with Disabilities Act IF you can prove that you had a covered disability AND that the employer refused to accommodate your disability or terminated you because of it. Proving termination because of disability is difficult to do when multiple people (not just the disabled claimant) are laid off. For more information about the ADA, click on the attached link. Good luck.

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  • If I was discriminated against by an employer in Georgia but stayed until I found a new job am I not entitled to a settlement?

    I have a lot of documentation including trips to HR. I did not really lose wages since I held on until I found a new job. I have several instances of harassment, and I am fairly certain a portion of my case falls under ADA guidelines. I had an ...

    Joseph’s Answer

    Whether you have a claim is a different question than whether you suffered significant enough damages to make the claim worth pursuing. Let's assume for purposes of discussion that you have a valid ADA claim. Generally speaking, the damages to which you'd be entitled under the ADA are back pay (if any), front pay (if any), and compensatory damages (for emotional distress, etc.). If you've not lost any income due to the disability discrimination, then you likely have no back pay or front pay claim. But you'd still be entitled to compensatory damages if you prevail on your claim, assuming you can prove such damages. Available compensatory damages range from $50,000.00 to $300,000.00 depending on the number of people the company employs. So, the question is whether--even assuming you have a valid ADA claim--it's worth your time, energy and cost to pursue. If you believe so, then you should consult with a plaintiff's employment attorney to discuss the particulars of your claim. The ADA is a very technical law and proving a claim can be more difficult than clients often assume.

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  • Is workplace bullying and the company not following its own policies and procedures considered a breach of contract?

    I have repeatedly documented and taken to HR details around being severely bullied in the workplace. It has been reported and going on for over 12 months now and I am being completely excluded from things by two executives. I have been to a ther...

    Joseph’s Answer

    Federal law does not prohibit "bullying," per se. It prohibits harassment where the harassment is (a) both "severe and pervasive"; and (b) based upon an employee's membership in a protected class (i.e., harassment because of the employee's race, sex, religion, etc.). If the employee's co-workers are doing the harassing, then--generally speaking--an employer only becomes legally responsible if: (a) the employee complains; and (b) the employer fails to take remedial action.

    It's unclear whether the bullying/harassment you describe is based on your race, sex, religion, etc., or some other reason (e.g., personality conflicts in the workplace). If it's the former, you may have a claim under Title VII to the extent the harassment is "severe and pervasive." But the law sets a very high bar for what conduct it considers severe and pervasive.

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