Employers may engage in a variety of improper actions when it comes to your requesting, using, or returning from leave to which you are entitled under the Family and Medical Leave Act. This misconduct can range from erecting onerous and unnecessary documentation requirements to counting your FMLA leave against for…
No one should, as a worker, have to choose between their job and speaking out when they see discrimination or sexual harassment in the workplace. Too many times, though, speaking out does lead to workplace punishment. When that happens to you, it is possible that your employer has engaged in…
The right to a trial by jury is one of the most fundamental rights guaranteed by the United States Constitution. It is important to note, however, that not every would-be litigant will have his or her day in court. While the right to have the issues considered by a jury…
Filing a claim for employment discrimination is not a particularly difficult process, so long as the basic rules for form and timeliness are observed. Winning an employment discrimination lawsuit based on such a claim is a very different matter, however. Simply believing that one has been the victim of unlawful…
Under federal law, persons and companies who defraud the government can be held liable in a court of law for their wrongdoing. Not every false claim filed against a governmental entity will subject the filer to liability, however, as there are certain requirements that must be shown before the applicable…
Just as in other types of civil cases, an Atlanta age discrimination lawsuit is subject to dismissal if the court in which it is filed lacks subject matter jurisdiction. When a court lacks this type of jurisdiction, it does not have the authority to render a binding decision in the…
In an Atlanta employment retaliation case, the plaintiff must show a certain kind of connection to the defendant – and to the violation of the law that allegedly occurred – in order to move forward with his or her case. Sometimes, this is an easy and obvious step of the…
In attempting to assert an Atlanta employment law claim, it important that the plaintiff include the appropriate allegations and requests for relief. Sometimes, however, more information becomes available as the case develops, such that a plaintiff may attempt to file an “amended complaint” to include the new information or an…
Generally speaking, the person who files an Atlanta employment law case gets choose the court (state or federal) in which the matter will ultimately be tried. However, there are some situations in which this is not so. For instance, the employee may choose to file his or her lawsuit in…
There are laws in place to protect public employees who do the right thing and report wrongdoing in the workplace, only to find themselves reprimanded, demoted, or even terminated. While these laws will not necessarily keep retaliatory actions from happening, they do provide the basis for an Atlanta retaliatory discharge…