Legal news and analysis, trusted referrals, legal fiction, sponsored by Radford Scott LLP
We are proud to share this great profile of Radford & Keebaugh, published on the front page of the July 31, 2014 edition of the Fulton County Daily Report. Please enjoy and share!
Fulton County Daily Report's July 31, 2014 Profile of Radford & Keebaugh by James Radford
We are proud to announce this Order, which we received today in the case of Mundy v. Hambright, et al. This case involves a truly bizarre set of facts. Our client, a former college professor at Coastal College of Georgia, resigned after an employment-related dispute. After his resignation, the college president directed one of our client’s colleagues to enter our client’s home and search it for evidence of his whereabouts. This particular colleague also threatened our client’s life and sent him disturbing letters. The college president and the colleague sought to dismiss the complaint, arguing that their conduct did not implicate the Fourth Amendment. A federal court has rejected their argument and will allow this important Fourth Amendment case to proceed.
Mundy v. Hambright, et al. – Order Denying Motion to Dismiss by jamesradfordjr
Our attorneys are experienced in representing employees in claims for unpaid wages, including unpaid overtime. If you believe your employer is not paying you in accordance with the law, please contact us today. The tips below represent issues that we see arise again and again in these types of case. We hope you will find them useful. This is for informational purposes only, and does not constitute legal advice.
1. Know the basics. For most workers considered “non-exempt” under the Fair Labor Standards Act (FLSA), the law requires that the employee must be paid “overtime” pay for all hours worked over 40 per week, at a rate not less than one and one-half times the regular rate of pay. In addition, FLSA requires payment of a “minimum wage” ($7.25 per hour, as of June 10, 2014). If you are working more than 40 hours per week, and not being paid overtime for this work; or if you are not being paid at least minimum wage, the law allows you to bring a civil suit in federal court to recover double all unpaid wages. Many attorneys, including our firm, are willing to take these cases on a contingency basis, because the law also allows attorneys to recover a reasonable fee for their work, if they prevail.
2. Record your hours worked. Your employer may not be keeping up with your actual hours worked. This may be because the employer has improperly classified you as a “salaried” or otherwise “exempt” employee. Your employer may also be calling you an “independent contractor” in order to avoid the obligations that an employer owes to his employees. Don’t let any of this deter you from keeping a record of the hours you actually work. You will strengthen your hand if you can produce a detailed record of the hours you’ve actually worked. You can use a notebook, a computer program, or whatever works for you to keep up with your time.
3. Keep track of any “off the clock” work. Another common wage and hour issue is employers requiring their employees to do work “off the clock,” for which they are not paid. However, in general, if you are working on-site, performing tasks for the benefit of your employer, you should be compensated for that time. Some examples of this includes “prep work” for your regular duties, such as preparing food to be cooked, filling out start-of-day paperwork, and time spent putting on any specialized uniform of equipment. Keep track of how much time you spend doing this work.
4. Remember: labels are not important. Many employers try to avoid overtime by telling their employees they are “exempt” from the Fair Labor Standards Act, either because they are paid a salary, because they are an “independent contractor,” or various other excuses. Oftentimes, employers will classify someone as a “manager” or a “supervisor,” even though the vast majority of their duties involve taking orders, and not giving them. Don’t take for granted the label placed on your job by the employer. The employer may not know what he or she is talking about, and he may even be intentionally shirking the law. A knowledgeable attorney can help you to decipher whether you are in fact entitled to overtime compensation.
5. Evaluate your duties. In general, if you spend most of your time working under the supervision of another, if you do not have significant discretion as to the manner and means of doing your job, or if your time is spent primarily doing manual labor, you should probably be classified as “non-exempt” from the overtime laws. You should be getting paid by the hour, and paid time-and-a-half for all hours worked over 40 per week. If you believe your employer is improperly denying you overtime pay, an experienced attorney can help you to evaluate whether your duties truly make you exempt or not.
6. Speak up! This is a tough one. Many employees are afraid to speak up at their workplaces because they fear retaliation. The law does forbid retaliation. Nonetheless, the fear remains. This is ultimately a choice you will have to make: to blow the whistle, or not? However, speaking up, and speaking to other employees, may have the benefit of helping you learn whether the employer is paying you according to the same rules as other employees. It can help you to gather information. And it may just lead the employer to correct the problem! If you have suffered retaliation as a result of objecting to the wage-and-hour practices of your employer, please contact us right away. The law is there to protect you.
7. Contact legal counsel sooner, rather than later. Most claims for unpaid overtime carry a two-year statute of limitations. Therefore, you should contact counsel without delay to determine if you are entitled to unpaid compensation. As time passes, you may be losing your right to back pay.
Dollar bill photo courtesy of photosteve101.
We have represented hundreds of clients who have been the victims of employment discrimination. Over time, we have learned what individuals can do to help prove their claim when their day in court finally comes. We have also learned the many mistakes people make, which prevent them from proving their claim. It cannot be repeated enough: believing you have been the victim of discrimination is one thing; proving it is something else entirely.
If you believe you are experiencing unlawful discrimination on the basis of your race, sex, religion, disability, national origin, age, or other protected category, there are some steps you can take to help prevent it, stop it, or prove it should that become necessary. Below are seven tips we can give to anyone experiencing employment discrimination. This is for informational purposes only, and does not constitute legal advice. However, we are ready and willing to help should you need us. Contact us here.
1. Document it. If something happens that you believe evidences discrimination, document it. This can be something as simple as keeping a written diary or log, noting the date the event happened, any witnesses to the event, and the details as to what happened. For example, if a supervisor used a racial slur in the workplace, make a note of it, including the date and time, where it occurred, the specifics of what was said, the context of it, and anyone else who witnessed it. If a manager made a sexually inappropriate remark, or a derogatory remark about your disability, keep a log of it. Being able to recount specific details of events will make your case much more credible than vague, non-specific complaints.
2. Report it. This is a difficult, but important point. Most companies have a policy prohibiting discrimination and harassment. In many cases, the law requires that an employee report discrimination and try to resolve it internally with the employer, before he or she can bring a legal claim. You may fear that you will suffer retaliation (although the law prohibits it). You may fear that your employer will not listen to you, or will not correct the behavior. Therefore, the idea of blowing the whistle on discrimination is very frightening to many people. Nonetheless, most judges and juries will expect to see some evidence that you at least tried to stop the discrimination before going to court. And oftentimes, your employer actually will take the action necessary to address the wrongful behavior, and prevent you from having to go to court in the first place. As the old saying goes, “an ounce of prevention is worth a pound of cure.”
3. Investigate it. Do you have a gut feeling that you were denied a promotion based on your race or your sex? Your “gut feeling” is not enough, unfortunately. You need to find out more details. Do what you can legally (and without violating company policy) to investigate your suspicions. Find out who received the promotion, and what their race or sex was. Ask around to find out whether that person was qualified for the job. Keep your ear to the ground to find out if the decision-maker has ever expressed any bias. In other words, find out more information, keeping your mind on the fact that ultimately, you have to prove discrimination in order to recover legal damages.
4. Identify witnesses. The hardest cases to win are “he said/she said” cases. So, if there are others who can corroborate your claim, and who you believe are sympathetic to your cause, make a note of it. Consider reaching out to the individual to ask if they might be willing to put in writing what they witnessed. For example, if your manager has made disparaging remarks about your age, your disability, or your religion, find out if anyone else has heard him make those types of remarks. Email is often a useful tool. Ask someone, via email, what they witnessed. If they respond, stating in the email what they saw or heard, save that email. Print it out for your records. This could one day be important to proving your claim.
5. Don’t give your employer a valid reason to fire you. Oftentimes, we interview people who “gave up” at work due to their experience with discrimination. The employee may have become bitter or resentful of their prejudiced manager, and stopped doing what he or she said at work, therefore causing themselves to be disciplined or fired for insubordination. The employee may have begun to feel helpless, and stopped giving their work their best effort, resulting in negative performance reviews and ultimate termination. This is a big mistake. If your employer has a valid, non-discriminatory reason to fire you, it will severely undermine your claim. Continue to do your job to the best of your ability. Adhere to all workplace rules. Don’t ruin your case by giving your employer a valid reason to fire you.
6. Document your damages. Most of the employment discrimination laws allow you to recover both economic and non-economic damages. Economic damages are all monies lost as a result of the discrimination. So, keep good records of the amount of pay you make, the value of any fringe benefits (i.e. retirement plans, stock options), the amount of money you could make in the future if you received promotions, etc. If your experience has caused medical conditions–such as clinical depression, high blood pressure, insomnia, etc.–get treatment. Inform your medical provider of the cause for the condition, so that it can be documented. Get copies of your medical records. Proving your damages will be an important factor in settling or litigating your discrimination claim.
7. Consult counsel as early as possible. Don’t wait until months after your termination to talk to a lawyer. Don’t wait until EEOC has investigated your claim and issued a Right to Sue letter. As time passes, it becomes more and more difficult for an attorney to help you gather evidence and prepare your case. If you have evidence that you have suffered discrimination, contact an attorney as soon as possible. What you do in the early stages of your case is highly important, and an attorney can guide you. If you are ready to seek legal counsel, we are anxious to help. Please contact us today.
Losing your job is one of the most stressful things a person can face. If you’ve recently become unemployed, you may be depending on your Georgia unemployment benefits to help with bills, groceries, rent, and other basic expenses while you search for work. If you have been denied benefits, or if your employer is fighting your award of benefits, you may feel frightened and confused. The appeal process can be daunting.
Below are seven tips we can give to anyone facing a Georgia unemployment appeal. This is for informational purposes only, and does not constitute legal advice. We are not currently taking new unemployment matters, but click here for a list of attorneys who may be able to help.
1. Take Your Appeal Hearing Seriously. Many people come to us after they have lost their appeal hearing, stating they thought it was “just a little telephone call,” or that they “didn’t think it was that serious.” They soon regret this attitude. Your hearing before the Appeals Tribunal is usually your only chance to present evidence, to cross-examine your employer, and to make arguments in your favor. You have a right to appeal to the Board of Review, but they will generally not accept new evidence. So, take your initial hearing very seriously. Prepare yourself. Get an attorney if you can. Your entitlement to benefits will likely be determined at this stage.
2. Send Any Documentary Evidence Beforehand. If you intend to rely on any documents as evidence in your case, be sure to send a copy to the Georgia Department of Labor and the opposing party as soon as possible before the hearing. This is especially true if you have a telephone hearing. The hearing officer will not consider evidence that he or she cannot review.
3. Know Your Burdens Of Proof. If you resigned your employment, remember that you bear the burden to prove that you resigned for a “good work-connected reason.” You have the burden to present persuasive evidence–which includes your own testimony–establishing that you had to resign for reasons directly connected to your work. If you were discharged, your former employer bears the burden of proof. Make them prove that you did whatever they assert was “good cause” for the termination.
4. Remember the Hearsay Rule. A common pitfall for both employees and employers is to think that you can just tell the hearing officer what someone else told you, and win the hearing on that basis. However, all testimony must be based on first-hand knowledge. So, if you have some piece of information you need to present, bring to the hearing someone who can testify to that information based on first-hand knowledge. And, if your employer is trying to accuse you of some wrongdoing, be sure to object if someone tries to testify to that facts without first-hand knowledge of the same.
5. Have your witnesses ready. If you need someone to testify, be sure to ask them ahead of time (if possible), and to inform them of the time of the hearing. If it is an in-person hearing, it is preferable that they be at the hearing site. If it is a telephone hearing, they can testify by phone. You are permitted to compel a witness’s attendance, but you’ll need a subpoena. If you contact the Appeals Tribunal, they can provide you with a subpoena.
6. Be Courteous And Professional. If your employer is fighting your benefits, you may feel anger and resentment toward them. However, your unemployment hearing is not the time to show that anger. The hearing officer will not appreciate a claimant who is angry, bitter, rude, or accusing at his or her hearing. The hearing officer will appreciate if you are courteous, professional, and respectful. We have seen far too many people lose a hearing because they had an angry blow-up or said something nasty during a hearing. Don’t let your anger cost you your benefits.
7. Get legal counsel. An experienced unemployment attorney understands the rules of evidence, understands the burdens of proof, understands how to question you, understands how to cross-examine the employer, and overall is in the best position to fight for your benefits. While we are not currently taking on new unemployment cases, click here for a list of attorneys who may be able to help.