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The Test for Constructive Discharge: When Is a Workplace So Unbearable That You Have to Quit?

Job dissatisfaction can arise for many reasons, some personal and some driven by employer conduct. If you believe you are being mistreated at work to the point where you feel you have no choice but to quit, you may be able to claim a constructive discharge. That means you may be eligible to recover money Read More

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What is Wage Theft and What Can You Do About It?

The Fair Labor Standards Act and other laws require employers to pay at least the minimum wage for every hour worked. But sometimes employers try to skirt the law and pay workers less than they are owed. This is known as wage theft and it is estimated to cost workers as much as $50 billion Read More

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Understanding Georgia’s Test for Who Is an Independent Contractor

The question of whether a worker should be classified as an employee or an independent contractor often arises in employment law disputes. The answer matters because independent contractors get treated different from full-time employees under wage and hour, tax and unemployment laws. Last year, Georgia enacted a law adopting a multi-factor test for determining whether Read More

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When Can You Sue Your Employer for Wrongful Termination?

Georgia is a right-to-work state, which gives employers broad authority over their workforces. Most workers are employed at will, which means employers may terminate them for almost any reason — or for no reason at all. However, an employer may not terminate an at-will employee for an illegal reason. Employees have the right to sue Read More

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How to Know if Your Employer is Violating Overtime Payment Laws

Wage and hour laws are in place to ensure that workers are paid fairly for the standard work they do, as well as for any required overtime. However, some employers either ignore these laws or try to skirt around regular and overtime rules. If your employer is not in compliance with these laws, you have Read More

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When Is a Non-Compete or Non-Solicitation Agreement Unenforceable?

When you take a new job or are promoted to a higher position, you may be asked to sign an agreement promising not to compete with your new employer or solicit its customers once your employment ends. The restrictions in these agreements are open to interpretation by employees, employers and courts. Because of this, there Read More

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The Difference Between Wrongful Death and Survival Lawsuits

Two types of lawsuits can be brought when one person’s negligence, recklessness or criminal behavior causes the death of another. One is a wrongful death case, by which the decedent’s family seeks compensation for their own losses on account of the death. The other is a survival action, which aims at recovering damages suffered by Read More

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Proving a Claim of Employment Discrimination

In Georgia, employment discrimination claims are decided under federal law, which prohibits treating people differently based on race, sex, age, religion or national origin. However, not all management actions that an employee may consider unfair rise to the level of illegal discrimination. Proving discrimination requires presenting persuasive evidence that the conduct in question would not Read More

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What Terms Are Essential in an Employment Contract?

Georgia is a “right to work” state, which means most employment is “at will” — in other words, not contractual. However, it is possible that your new employer will ask you to sign a contract that will define the employment relationship. Take the time to make sure you understand all the details of the employment Read More

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Georgia Workplace Law Affected by High Court Ruling on Sexual Orientation and Gender Identity Discrimination

The U.S. Supreme Court’s recent ruling solidifying the rights of LGBT people in the workplace is sure to have a major effect on employment law in Georgia. The landmark decision, which originated as a lawsuit filed in Clayton County, confirms that Title VII of the 1964 Civil Rights Act bars employers from making decisions based Read More

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