Contracts, Discrimination, Wages, Benefits, Unemployment

 

The Mosley Law Offices help employers and employees to protect themselves and seek compensation in and out of courts.  Employers may seek to provide fair and legal treatment of their employees that will protect the interests of the business's owners.  An employee may seek to be rehired or to be compensated for lost wages or unlawful discrimination.  In any of these scenarios, as well as many others, the Mosley Law Offices can pursue your objective between private parties, through an alternative dispute resolution mechanism such as mediation or arbitration, or in the state or federal courts.  Our Attorneys serve Gwinnett, DeKalb, and Fulton Counties and beyond in Georgia.

 

Q: What kinds of employers experience the least employment law litigation?

 

A: Employers who provide clear policies and expectations and who perform fair evaluations of their employees' strengths and weaknesses build up a great deal of credibility with their employees.  Employers with employment manuals that clearly (and in a legally sufficient manner) disclaim a contractual relationship protect their discretion in managing their employees.  Finally, employers who consult closely with counsel before allegations are ever made or claims are ever filed against them can often minimize employment litigation at a lower cost than those who wait until they are on the defensive side of a situation.

 

Q: What kind of employees succeed as plaintiffs in employment litigation?

 

A: Employees who can provide documentation equal to that maintained by an employer are in a much better position than those who rely on memory or that the employer or a third party will have the documents they need.  Employees who work to meet their employers' needs so that their employer can meet theirs are much more sympathetic than defiant employees.  Employees considering pursuing a legal claim should also pursue their matters in a timely fashion.  Many employment law claims expire very quickly indeed.

 

Q: If I am laid off or terminated and asked to sign a document or agreement, is there any harm in doing so?

 

A: Yes, never sign a severance agreement or similar document without consulting an attorney.  These documents generally disclaim or waive rights to all lawsuits or claims an employee may have.  Thus, by signing an agreement even in exchange for a lump sum amount or a period of severance pay, an employee may prevent their full and correct compensation from their employment.  Rather than assuming that such a document will not be binding, one should assume that it will be.  The Mosley Law Offices offer very reasonable severance package review services.

 

Q: Do employees or employers benefit from having representation at unemployment benefit hearings?

 

A: While not all employers or employees choose to have representation at a hearing that results from the appeal of a grant or denial of unemployment benfits, either may gain an advantage by doing so.  In Georiga much of the determination of whether or not benefits will be granted is based on whether the termination was "for cause."  Preparation and/or advocacy focusing on this point can help to achieve one's desired outcome in this context.  Though not equivalent to what the employee was earning from work, unemployment benefits can add up to considerable sums of money over time and be worth protecting in the event of extended unemployment.  For employers, the costs of unemployment claims can build and cause a business to expend more than it would have had to if its terminations were determined to be properly "for cause."

 

Q: How has and will the new Obama administration affected employment law?

 

A: Thus far, the administration is making federal law more employee favorable.  States have also been encouraged to enhance their unemployment insurance benefits.  Most likely, enactments and enforcement will continue to become increasingly employee favorable through the course of the Obama administration.  Judicial appointments made will also likely have a simiar effect in the federal courts.  In general, the trend in American law has been toward increasing acknowledged rights and protections for employees.  The Obama administration may accelerate this trend.  Thus, in the aggregate employees may be more satisfied with results, and employers will have even more reason than they already had to seek legal advice in advance of any employment action or inaction, or better yet, on an ongoing basis.

Q: What is the EEOC and how can they help me?

A: The Equal Employment Opportunity Commission (EEOC) is the federal agency that enforces the code sections referred to as Title VII (of the Civil Rights Act of 1964).  The EEOC can help you to take action on your discrimination case.  Some choose to file their claim directly with the EEOC.  Others choose to have counsel help them prepare their claim so that it will not fail.  In Georgia, and some other states, a "charge" must be filed with the EEOC within 180 days of the act of discrimination.  When a charge is filed, the EEOC begins its investigation of the matter unless the parties choose to enter the mediation process and attempt to settle their matter between them.  When the EEOC has completed its investigation, it issues a right-to-sue letter, which gives a claimant only ninety (90) days to file suit.  We recommend getting an attorney involved early to help you shape your case and not leave out the essential element you needed for your claim to prevail.