Blog - Decatur Legal -

I Quit! Can I Still Receive Unemployment Benefits?

People often ask us, if I quit my job, can I still recover unemployment benefits? The answer is, “it depends.”

There is a common misconception that an individual who quits his or her job will not be entitled to receive unemployment benefits. Fortunately, that is not always the case. An individual who voluntarily separates from his or her job may receive unemployment benefits if they can show a “good work related cause” for their separation. A showing of “good cause” usually requires that the employee show that the terms and conditions of work have changed in a manner such that a reasonable employee would not be expected to continue that employment. Though each case is different, The Georgia Department of labor and Georgia Courts have held that, under certain circumstances, the following situations may constitute good work related cause for leaving a job:

work conditions that either cause or aggravate a pre-existing medical condition to the extent the employee is unable to perform his or her job duties;
downgrading an employee’s position for reasons other than the fault of the employee;
a reduction in salary that falls below a reasonable rate for that industry or trade;
severe physical or verbal threats made by a co-worker or supervisor;
a material breach of the hiring contract by the employer;
unreasonable employer rules as related to proper job performance;
quitting after receiving notice of termination, but prior to the termination date;
being given the choice between quitting or being terminated.

Even if your situation differs from the situations listed above, you may still be entitled to benefits if you were given no reasonable choice, but to quit your job. So, if you have quit your job, or are thinking about quitting your job, call us! Voluntary separation cases are typically much more complex than termination cases, and we have the knowledge, expertise, and experience to guide you through the process. Call us at (678) 369-3609 or use our contact form.

Jury Awards Montville Grandfather $50,000 in Damages in Excessive Force Suit Against New London, Connecticut Police

According to a recent article Jury Awards Montville Grandfather $50,000 in Damages in Excessive Force Suit Against New London Police, Robert D. Crawford intervened after a fight broke out at a New London High School basketball game. Mr. Crawford, who was 64 at the time of incident, held one of players to the ground until police arrived on the scene. Crawford claims that when police arrived, he was pushed against a wall, put in a strong hold, and forced to the ground. As a result, Mr. Crawford suffered a fractured tooth and dislocated his jaw. Police charged Mr. Crawford with third-degree assault, interfering with an officer and risk of injury to minor.

Police claim Mr. Crawford was verbally confrontational and tensed up, pushing himself off the wall during his scuffle with police. Video footage shows Mr. Crawford facing the wall and falling backward to the ground. There was no audio on the recording that was provided in court.

In a complaint against New London police, Crawford filed a claim for excessive force, false arrest, malicious prosecution, assault and battery, negligence and intentional infliction of emotional distress. Ultimately, a jury decided only on the issues of excessive force and failure to intervene. Earlier this week, the jury cleared six of the seven officers named in the suit and ruled that the remaining officer did in fact use excessive force, awarding Mr. Crawford $50,000 in damages.

If you or someone you know thinks they have experienced false arrest and/or malicious prosecution, the team at Radford & Keebaugh can help. Contact us by phone at (678) 369-3609.

OSHA: Metro-North Violated Anti-discrimination Provisions of Federal Railroad Safety Act

The Occupational Safety and Health Act of 1970 stipulates that employers are required to provide a healthy and safe work environment for their employees. OSHA is responsible for creating and enforcing the standards of safety measures that must be met by employers.

As described in the article OSHA: Metro-North Violated Anti-discrimination Provisions of Federal Railroad Safety Act the Connecticut Department of Labor has found that between years 2011 and 2013, Metro-North Commuter Railroad Co. violated the anti-discrimination provisions as set forth by the Federal Railroad Safety Act.

The FRSA establishes that it is illegal for railroad carriers to discipline employees who follow a physician’s orders or treatment plan. Employees of Metro-North filed a complaint with OSHA claiming that they were issued written warnings under the railroad’s attendance policy after following their physician’s orders. As a result of such violations, OSHA ordered Metro-North to pay attorneys’ fees and $1,000 in compensatory damages for each employee.

“Metro-North’s policy of making employees ignore a treating physician’s medical instructions or face discipline is unacceptable,” states OSHA’s acting regional administrator for New England. “While Metro-North says it has since changed this policy, this type of procedure, which endangers employees and the public an is illegal under FRSA, should not exist.”

If you or someone you know thinks they have suffered as a result of unlawful actions by an employer , the team at Radford & Keebaugh can help. Contact us by phone at (678) 369-3609.

Employee’s Suit Accuses Tiffany of Racial Bias

According to the article Employee’s Suit Accuses Tiffany of Racial Bias, a director for the jewelry company Tiffany & Company accuses his employer of a “systematic, nationwide pattern and practice of racial discrimination,” in a suit filed in federal court last week. Michael McClure, the Plaintiff in this action, claims that of the more than 200 management positions that represent Tiffany & Company, only one of these is held by an African-American employee. This figure includes executive officers, store directors and members of the board of directors.

According to McClure’s attorney, Robert D. Kraus, the company’s past and current behavior exhibits “racial bias in the belief, conscious or otherwise, that African-Americans are not appropriate ambassadors for the iconic, luxurious and sophisticated Tiffany brand.” The complaint alleges that after receiving consistent positive reviews throughout his long career with Tiffany, McClure received a negative performance review and the company placed him on a warning for termination, seemingly without cause.

After Tiffany initiated two internal investigations concerning Mr. McClure’s allegations, the complaint states that McClure received an anonymous interoffice envelope, describing to Mr. McClure, “Shortly after Anthony Ledru visited your market he made a comment to a small group of male market vice presidents that I think you should be made aware of. In reference to you, he expressed a surprise that ‘a black man is representing the Tiffany brand.’”

Tiffany has denied such discrimatory practices, stating, “The lawsuit allegations are completely without merit, and the many mischaracterizations will be addressed through the legal process,”

If you or someone you know thinks they have experienced discrimination due to race, the team at Radford & Keebaugh can help. Contact us by phone at (678) 369-3609.

7 Tips To Prove Your Employment Discrimination Claim

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.