Joseph Alan White’s Answers

Joseph Alan White

Atlanta Commercial Real Estate Attorney.

Contributor Level 3
  1. Do I have a legitimate Defamation of Character lawsuit against former employer?

    Answered over 1 year ago.

    1. Joseph Alan White
    2. Christian K. Lassen II
    3. Christine C McCall
    4. Michael T Warshaw
    4 lawyer answers

    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...

    5 lawyers agreed with this answer

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

    Answered over 1 year ago.

    1. Mishka L Marshall
    2. Joseph Alan White
    3. Matthew James O'Laughlin
    3 lawyer answers

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

  3. Do I need a labor and employment attorney?

    Answered over 1 year ago.

    1. Mishka L Marshall
    2. Joseph Alan White
    2 lawyer answers

    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...

  4. 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?

    Answered over 1 year ago.

    1. Joseph Alan White
    2. Golnar Sargeant
    2 lawyer answers

    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...

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

    Answered almost 3 years ago.

    1. Joseph Alan White
    2. Robert L Mauro
    3. Pamela Koslyn
    3 lawyer answers

    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...