GEORGIA EMPLOYMENT LAW
Employment law (commonly referred to as Labor Law) encompasses all aspects of the employer-employee relationship such as hiring disability law, wages, and wrongful termination, among others. Getting counsel from a Georgia employment attorney is generally advised but, there are certain complex issues that must be dealt with by a Georgia employment lawyer, including discrimination, wrongful termination, and sexual harassment. These kinds of cases necessitate the compilation of large amounts of evidence and a great deal of investigation, and it is in your best interest to hire a Georgia employment attorney to make the process more manageable and successful.
Why Hire A Georgia Employment Attorney?
State and federal law intermingle to form the basis of Georgia wrongful termination and employment law cases. To succeed, these cases must be convincingly argued and meticulously researched and investigated. If you have a claim for unpaid wages, wrongful termination, and/or discrimination, your Georgia employment lawyer can assert your claim, structure your case, and tell you if you have a legitimate claim under Georgia employment law so that you do not waste valuable money and time pressing a worthless case.
Further, a wrongful termination claim can be an awkward and stressful claim to bring for a former employee, but, a Georgia wrongful termination attorney can deal with the employee's prior employer and recommend the best course of action for winning the case. Having a Georgia employment attorney can also be useful if you want to file a complaint with a state or federal agency, or if you require a clarification of the advantages and rights you can receive according to Georgia and federal employment law.
Wrongful Termination in Georgia
"At will employment" is recognized under Georgia employment law. "At will employment" permits a worker to leave work at any time, and permits an employer to fire a worker at any time, for any reason that is not illegal, so long as the worker does not have a separate contract that governs hiring and firing.
Georgia employees may file "wrongful termination" complaints in Georgia when their employer terminates them for an illegal reason. Illegal reasons to fire someone in Georgia include:
Talk to a Georgia wrongful termination lawyer if you have any questions or believe that you may have a claim for wrongful termination.
If a person has the requisite knowledge and qualifications for a position, but is either terminated or not hired because of a disability, Georgia and federal law prohibit this conduct, and a lawsuit may be filed. Firing someone on the basis of his age when he has the necessary experience for the job is also considered discriminatory by Georgia and federal law, and may also be considered wrongful termination. Firing based on race, national origin, sex, and religion can also be considered grounds for a wrongful termination case, as can termination based on pregnancy, if the employer treats pregnancy like a disability. Bring the facts of your claim for wrongful termination to the attention of a Georgia wrongful termination lawyer for assistance with your case.
Employee Wage/Hour Concerns in Georgia
The minimum wage for workers in Georgia is the federal minimum wage, which is $7.25 an hour. Employees in Georgia must be paid the higher of the two wages (the federal minimum wage) unless they are exempt from the federal minimum wage. Georgia law requires that employees be paid semi-monthly, but does not specify on which exact days of the month they should be paid.
If you have a complaint to file because your boss has not paid your wages, talk to a Georgia employment attorney about reporting your boss to the local ESA Wage and Hour Division of the U.S. Department of Labor, and to the Georgia Department of Labor.
In Georgia, working overtime is when you work over 40 hours a week. For any hours worked over 40 a week, you are entitled under the federal Fair Labor Standards Act to receive time-and-a-half pay. If you seek to recover unpaid overtime wages, or have any other questions about wages or filing claims, you should consult a Georgia employment attorney.
Georgia Employment Benefits
Georgia employers are not required to provide paid vacation days, sick leave, life insurance, or medical benefits. But, if the employers do decide to provide any of these benefits, they must comply with state and federal laws pertaining to benefits. Breaks or meal periods are not mandated by Georgia State Law, nor is short term disability or maternity leave. However, federal law provides in the Family and Medical Leave Act (FMLA) that expectant mothers must receive twelve weeks of unpaid maternity leave.
Accidents connected to work, and/or on-the-job injuries are covered by Georgia disability law. Employees who suffer these workplace injuries are entitled to receive compensation, the amount of which depends on the kind of disability. It is worth reiterating, however, that Georgia disability law does not mandate that particular compensation or benefits be given to employees whose disabilities arise from accidents or illnesses unrelated to their employment.
If you have been injured on-the-job, you should talk to a Georgia workman's compensation lawyer about your chances of recovery. In addition, you should contact a Georgia employment lawyer and request a clarification of how state and federal laws will work together in your Georgia employment case.
Georgia Employment and Labor Law Statutes
|
|