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Greg Fidlon's Answers
Contributor Level 10
- 89 Legal Answers
- 1 Legal Guide
3
Attorney answers:
Should I file for unemployment when my termination statement is untrue? Because That would mean I am admitting to what they say
Poor performance is generally not a valid basis to disqualify an employee from receiving unemployment benefits. The exceptions would be if the employee violated a work rule or policy or was insubordinate. Applying for unemployment does not constitute an admission that the employer's stated reason for terminating you is true. Therefore, if you are entitled to the unemployment benefits, why not go ahead and apply? With regard to your concerns about discrimination, I would recommend that...
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4
Attorney answers:
I signed a severence agreement saying I would not file any claims. Does that mean unemployment also?
The last post is correct. Under Georgia law, an employee cannot waive his/her right to apply for unemployment insurance benefits. See O.C.G.A. 34-8-250 ("Any agreement by an individual to waive, release, or commute his rights to benefits or any other rights under this chapter shall be void.") LEGAL NOTICE: This forum is designed to provide general information only. The information provided does not constitute legal advice and no attorney-client relationship has been established. You...
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3
Attorney answers:
Retalation for whistle blowing in a previous sexual harassment case were i testify against my employer?
I am an experienced employment attorney in Atlanta. I handle these types of cases all the time and I can assist you with the mediation. If you are interested, please click the link below and complete our free consultation request form. http://www.fidlonlegal.com/consultation_request.html
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1
Attorney answers:
Do I need to have an attorney?
Depending on the circumstances, your employer's actions may violate your legal rights. I would recommend that you consult with an attorney, such as myself, specializing in labor and employment law on the plaintiffs' side. If you are interested in a free consultation, you may contact me using the attached link.
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1
Attorney answers:
Misxing the definitions of the hourly and the salaried employee: can an employer cut a salaried employee's pay based on hours?
An at-will employer can reduce an employee's pay or hours due to lack of work. The problem here is that it sounds like you have been classified as exempt for overtime pay purposes. The Fair Labor Standards Act (FLSA) requires that exempt employees be paid their full salary for each week worked and they cannot be docked because there is no work to do or because the employer wants to reduce their weekly pay. Doing so destroys the exemption and requires that you be treated as a non-exempt...
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1
Attorney answers:
Under what circumstances can an employer deny a former employee from receiving unemployment benfits?
To deny unemployment under these circumstances, the employer has to show that the employee was terminated "for failure to obey orders, rules, or instructions or for failure to discharge the duties for which the individual was employed." In the initial determination, the claims examiner will often simply accept the employer's written explanation for the discharge. Then, if the employee appeals, he/she will have a hearing and be able to present evidence and testimony to refute the employer's...
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1
Attorney answers:
I recently quit my job. My employer is threatening to withhold my last paycheck over property they say I have but do not.
What happened to the property? Did you ever have it? If you were obligated to return the items and didn't, the company is permitted to offset the cost against your final paycheck. Their position would be stronger if they have a signed agreement requiring you to return the items, but a written agreement is not necessary. If you want to challenge this, your best recourse would be to sue the company in small claims court. This response is for informational purposes only and does not create...
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1
Attorney answers:
Possible Age Discrimination
No. The Age Discrimination in Employment Act (ADEA) prohibits employment discrimination against individuals at least 40 years of age. Under the ADEA, it is unlawful for an employer to have a maximum age limitation for a particular position unless the employer can establish that the age limitation is a bona fide occupational qualification (BFOQ) “reasonably necessary to the normal operation of the particular business.” This exception is very narrow and applies only in cases where the employer...
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1
Attorney answers:
How do I inform my employer of my disability (ADHD) in accordance with ADA?
I would recommend that you complain in writing to your employer's human resources department about the co-worker's harassment based on your disability. If your employer does not have a human resources department, you should complain to your supervisor. You should make sure to state in your complaint that you are being harassed because of your disability and provide some examples. Your employer would then be obligated to investigate your claims and take prompt and effective action to end the...
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2
Attorney answers:
I had a asthma attack and had to be hospitalized i let my employer know they said to take another week off for me to heal i went
If your former employer has 50 or more employees within a 75 mile radius and you worked at least 1250 hours in the past 12 months, you may have been covered under the Family and Medical Leave Act (FMLA), which would allow you to take up to 12 weeks of job-protected leave per year. At the conculsion of FMLA leave, the employer is obligated to return the employee to his/her position or a virtually identical one with the same pay and benefits. It is unlawful for employers to retaliate against...
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