DeLong, Caldwell, Bridgers, Fitzpatrick, & Benjamin, LLC focuses on employment and labor law matters. By concentrating our attention on this specific area of law, our team can apply our full knowledge and resources to uphold workers’ rights. We understand that there are special issues in employment law. Our attorneys help hard-working individuals obtain the wages guaranteed by the Fair Labor Standards Act (FLSA). We help executives get the benefits they bargained for in their employment contracts. We also represent workers who have been discriminated against or harassed as they recover damages for violations of their civil rights. In these and other challenging cases, our attorneys think outside the box for solutions that put our clients in the best possible position. If you suspect your workplace rights were violated, let our lawyers review your case and advise you on taking effective action as soon as possible.
Georgia is an at-will employment state, meaning that your employer can fire you for a good reason, a bad reason, or no reason, and do so at any time. You can also quit your job under the same circumstances. However, at-will does not allow your employer to terminate under all conditions. The laws protect you from wrongful dismissal grounded in the following unlawful practices:
- Discrimination based on your age, gender, race, national origin, religion, or disability
- Retaliation because you filed discrimination, harassment, or FLSA complaint or complained about unlawful discrimination, harassment, or unpaid minimum wage or overtime pay
- Whistleblower retaliation after you reported your employer’s criminal activity
- Violation of your employment contract
Further questions? Check out our Wrongful Termination FAQ page.
Civil Rights Violations
The Civil Rights Act of 1964 and its amendments protect individuals from housing, education, judicial, and employment discrimination. This landmark legislation also prohibits workplace discrimination — including racial and sexual harassment on the job. The act is also the basis for other state and federal statutes that offer workers more robust protections, such as the following:
- Pregnancy Discrimination Act
- Equal Pay Act
- Age Discrimination in Employment Act (ADEA)
- Rehabilitation Act of 1973
- Americans with Disabilities Act of 1990
- Georgia Equal Employment for People with Disabilities Code
Can you waive your rights?
Employees often feel at the mercy of their company’s policies and procedures, but that’s not always the case: In some cases, Georgia and federal laws protect you from mistreatment. Your employer may pressure you to waive your rights under these statutes, possibly threatening to fire you, deny you a promotion or force you to take an undesirable shift or assignment. However, the laws may protect you from such actions. Further, you cannot waive certain rights.
For example, the Fair Labor Standards Act (FLSA) prohibits you from forfeiting your overtime pay or minimum wage. Even if you signed a contract or an unrelated settlement agreement agreeing to give up these rights, the Wage and Hour Division of the U.S. Department of Labor (and the courts) would consider the terms invalid because they violate the FLSA. As a result, you may have a claim for back pay, court costs, attorneys’ fees, and liquidated damages arising from the willful nature of your employer’s actions.
Consult our experienced lawyers for help with employment-related matters
For assistance with all types of employment and labor issues, consult with DeLong, Caldwell, Bridgers, Fitzpatrick & Benjamin, LLC. Call or contact us online to schedule your free initial telephone appointment, during which we’ll discuss your case in detail. Our Atlanta office has convenient on and off-street parking and is ADA accessible.