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David Lawrence Selby

David Selby’s Answers

9 total

  • Should I get an attorney to review a severance agreement prior to signing?

    Was promised commissions earned from December, payable on January 25th (normal pay period) and a bonus earned for performance. The agreement mentions details of the severance pay (5 weeks and based on average commission for past 6 months, plus sa...

    David’s Answer

    To followup on Jean's comments, its also important to talk to an attorney if you are not completely sure that you have no other claims which you will undoubtedly be waiving.

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  • Is there a law that states that an employment agency can refuse to hire an individual due to having a record in their background

    I applied for a job through the employment agency Randstad and they hired me to start on 1/7, but two days later they came back stating they need to discuss my situation because I have a record on my background. The job that I applied for is not r...

    David’s Answer

    In Georgia, employers are not supposed to discriminate on the basis of a criminal record however unfortunately there is no remedy against them for doing so.

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  • I have not received a paycheck from my current employer in almost a month. What are my rights?

    All employees are required to show up to work each day without receiving pay. And our management is not giving us any updates as to the status of our paychecks. We continue to work each day with no communication from management feeling bullied int...

    David’s Answer

    I would suggest contacting an employment attorney to discuss in further detail.

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  • I received a pre-qualified credit card offer at age 17 that I accepted. Can I be sued 5 years later?

    I made payments on card during the summer of 2007 when I had a summer job, but after returning to high school, I had no income and no longer made payments. A $700 debt has increased to $2,800 with interest and fees. I have not used the card sinc...

    David’s Answer

    You should get an attorney to help you with this matter, and see if it can be resolved.

    David L Selby, Esq.
    The Selby Law Firm, LLC
    One North Parkway Square
    Suite 200
    4200 Northside Parkway, NW
    Atlanta, GA 30327
    Tel. (404) 365-5694
    Fax: (404) 393-6537
    david.selby@selbylawoffice.com
    www.selbylawoffice.com

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  • Can he fire me for beeing pregnant and not able to do the position

    i told my manager that i was unable to do the work they had me doing because i was pregnant and having cramping. i had a doctors note stating that i couldnt he said he would have to let me go can he do that? i find it unfair

    David’s Answer

    It depends how many people worked for the company etc.... you need to discuss this with a labor and employment attorney.

    David L Selby, Esq.
    The Selby Law Firm, LLC
    One North Parkway Square
    Suite 200
    4200 Northside Parkway, NW
    Atlanta, GA 30327
    Tel. (404) 365-5694
    Fax: (404) 393-6537
    david.selby@selbylawoffice.com
    www.selbylawoffice.com

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  • Can my company fire me because of weight restrictions?

    I've been given a return to work with weight restrictions after having surgery and being on short term disability for 12 weeks. My company is firing me because of the restrictions, although I've never seen or signed a policy that states we have w...

    David’s Answer

    Again as stated, your situation is fact specific. It depends on what your job duties are, and whether lifting is an essential duty that does not need to be accommodated. If you have additional questions, please feel free to contact me.

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  • Do I have to sign an "AT WILL" agreement to keep my job?

    I was with a company for 18 years, We never signed and "AT Will" agreement with them. We were bought out by a bigger company, Now they want us to sign an "at will" agreement, Can I be let go if I state I dont want to sign that agreement?

    David’s Answer

    As the others have said, Georgia in an at will state. Having you sign the agreement really doesn't serve a whole lot of purpose other then to give you notice of the fact that you are an at will employee. It might also be for the purpose of using controlling law from whatever state the employer is in, but still subjecting you to at will status.

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  • Can I sue for fraud and if so my probability of winning?

    I was offerred a job which I accepted and put my 2 week notice in. The last day of that notice, the owner of the company for my new job informed me that his deal fell through and I was no longer needed. The day before I put in my 2 weeks notice, I...

    David’s Answer

    Georgia is an at will state, so unless you had a contract for a set amount of time, its likely you wont have much of a claim for your reliance.

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  • What is the limitations on a wrongful death claim in Georgia

    Husband was bleeding internally but no doctor would listen.

    David’s Answer

    The statute of limitations is 2 years, however you may have additional claims depending on the circumstances of the case. The statute of limitations can also be tolled if the person with the claim is under a certain age.

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