Employment Law

When an employee leaves a company, a severance agreement can be negotiated even if severance pay wasn’t part of the initial employment agreement. Often, these agreements are offered in exchange for the employee waiving certain claims against the employer, and you should not make any such waiver without fully understanding your legal rights.

REINSTATEMENTS

While Georgia employers may generally fire an employee for any reason at any time, in certain cases, such as discrimination or retaliation for exercising rights, an employee cannot legally be terminated. One possible remedy for a wrongful termination is to be reinstated into your former position.

WAGE AND HOURS DISPUTES (FLSA)

Under the Fair Labor Standards Act, employers must compensate employees for all hours worked — you may not be forced to clock out even though you are expected to continue performing your duties, and employers may not circumvent overtime requirements for overtime-eligible employees. These and similar actions are considered wage theft and are illegal.

WHISTLEBLOWER AND LITIGATION ACTIONS

In recognition of the public interest in having safety violations and illegal activities reported to the proper authorities, whistleblowers receive strong protection under the law. If you were terminated as a result of your report of unsafe or illegal activity to management or outside government authorities, you may be entitled to compensation in a wrongful termination lawsuit.

FAMILY MEDICAL LEAVE ACT (FMLA) VIOLATIONS

The FMLA guarantees employees who work for large employers the right to take unpaid leave for the birth of a child, adoption, their own serious health condition, or to care for a family member who has a serious health condition. If you meet the requirements under the act, you must be allowed to return to the same or equivalent position after your leave.

STATE TORT CLAIMS & CONTRACT DISPUTES

In addition to federal law, Georgia law also adds protections for employees, and most employment agreements are enforced under state contract law. You have the right to file your claim in the court that is most advantageous to you.



Are you looking for an experienced employment law attorney in Fulton, Cobb, Clayton, Dekalb, and Forsyth Counties? Contact Sykes Law to schedule a consultation.