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.
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...
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...
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.
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...
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.
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:
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.
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.
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...