Greg Fidlon’s Answers

Greg Fidlon

Atlanta Wrongful Termination Lawyer.

Contributor Level 11
  1. Charge of discrimination I have filed a complaint with the EEOC under the law Americans with disabilities act of 1990 as amend.

    Answered over 1 year ago.

    1. Greg Fidlon
    2. Darrel S Jackson
    3. Herbert J Tan
    4. Marilynn Mika Spencer
    4 lawyer answers

    I agree with the previous posters. You may have claims under the FMLA and/or the ADA. You should consult with an attorney experienced at handling such claims in GA. I would be happy to offer you a free initial consultation by phone. If you are interested, please click the link below and complete our consultation request form. http://www.fidlonlegal.com/consultation_request.html

    6 lawyers agreed with this answer

  2. Should I file for unemployment when my termination statement is untrue? Because That would mean I am admitting to what they say

    Answered almost 3 years ago.

    1. Greg Fidlon
    2. James Edgar Radford
    3. A James Rockefeller
    3 lawyer answers

    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...

    Selected as best answer

  3. I signed a severence agreement saying I would not file any claims. Does that mean unemployment also?

    Answered almost 4 years ago.

    1. Greg Fidlon
    2. Jennifer H. Keaton
    3. Herbert J Tan
    4. Alan James Brinkmeier
    4 lawyer answers

    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...

    2 lawyers agreed with this answer

  4. Vacation Pay after I'm Fired

    Answered almost 6 years ago.

    1. Greg Fidlon
    2. Shalini D Gujavarty
    3. Alec Scott Rose
    3 lawyer answers

    There is no law requiring Georgia employers to pay out accrued, but unused vacation days upon termination. So, if your employer has established and consistently enforced a "use-it-or-lose-it" policy for accrued vacation time, you would not have a viable claim. If the company has an employee handbook, check to see what it says on the subject. This response is for informational purposes only and does not constitute legal advice.

    1 lawyer agreed with this answer

    1 person marked this answer as helpful

  5. About 60 hours a week working -I am exempt however the majority 80-90 percent of the time I am doing the work of an hrly worker

    Answered almost 2 years ago.

    1. Greg Fidlon
    2. Dean Richard Fuchs
    2 lawyer answers

    It is very possible that you have been misclassified as exempt and therefore entitled to overtime pay. Under the Fair Labor Standards Act (FLSA), the overtime exemptions focus on the employee's "primary duty" which is not necessarily the one performed the majority of the time. However, the law is fairly complex. You should consult with an attorney experienced at handling FLSA cases in GA to determine your rights. I would be happy to offer you a free consultation by phone. If you are...

    1 lawyer agreed with this answer

  6. I have an Ada eeoc investigation going on. My employer has refused mediation. Should I obtain legal counsel?

    Answered almost 2 years ago.

    1. Darrell Brinnett Reynolds Sr.
    2. Greg Fidlon
    3. Josh Michael Friedman
    3 lawyer answers

    It would make sense for you to consult with an attorney, such as myself, experienced at handling discrimination claims in GA. If you are intersted, please click the link below to request a free consultation. http://www.fidlonlegal.com/consultation_request.html

    1 lawyer agreed with this answer

  7. Should I get an attorney after filing age discrimination complaint with EEOC or before?

    Answered over 2 years ago.

    1. Greg Fidlon
    2. Marilynn Mika Spencer
    3. Christopher Daniel Leroi
    3 lawyer answers

    I prefer to work with my clients prior to their filing with the EEOC. I would be happy to offer you a free initial consultation by phone. If you are interested, please click the link below and complete our consultation request form: http://www.fidlonlegal.com/consultation_request.html

    1 lawyer agreed with this answer

  8. Retalation for whistle blowing in a previous sexual harassment case were i testify against my employer?

    Answered about 3 years ago.

    1. Greg Fidlon
    2. Christian K. Lassen II
    3. Shelley Glen Bryant
    3 lawyer answers

    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

    1 lawyer agreed with this answer

  9. Do I need to have an attorney?

    Answered about 4 years ago.

    1. Greg Fidlon
    1 lawyer answer

    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.

    2 people marked this answer as helpful

  10. Misxing the definitions of the hourly and the salaried employee: can an employer cut a salaried employee's pay based on hours?

    Answered over 5 years ago.

    1. Greg Fidlon
    1 lawyer answer

    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...

    2 people marked this answer as helpful

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