Answers Posted By Ronda Higgins Thornton
Georgia, like most states is an at-will employment state, which largely means that any employee can be terminated at any time for any reason except in a few select circumstances that are illegal. At will employment does prohibit terminating someone on the basis of membership in a protected class or what most of us know as discrimination. Thus, you cannot terminate or otherwise discipline someone because of their race, gender, national origin, disability status, etc. In addition, the at-will employment doctrine may be waived where an employer voluntarily chooses to adopt a policy that says that employees can only be fired for good cause or in instances where a signed employment contract that guarantees continued employment exists.
The employee’s claim of harassment and retaliation are key elements of discrimination law, however, all of the employment laws clearly require that the employee meet the requirement of being qualified to do their job. The anti-discrimination laws are not intended to protect poorly performing employees. A person cannot maintain that they were qualified to do their job while failing to perform the requirements of their job position. Likewise, in order to maintain a discrimination claim, an employee must show that they are treated less favorably than others because of prejudicial views concerning such qualities as their age, gender, disability, race, religious preference, sexual orientation, or ethnic origin. If everyone in the same job category is subjected to the same treatment and given the same tasks, then there cannot be discrimination.
Unfortunately, individuals sometimes claim discrimination without understanding the legal standard. Although you have indicated that your intent is not discriminatory and you believe the employee’s claim arise out of paranoia, you may want to do a little investigation into the basis of their prior complaints. For instance, if the employee is alleging discrimination on the basis of religion, consider whether the employee can identify individuals in their same job category but of a different religion that were treated better in terms of assignments, pay, etc. If they cannot, they cannot meet the legal standard. In spite of this, you may want to outline your performance expectations for the employee and reiterate that your requests arise not from an intent to discriminate but rather from a reasonable expectation that the employee will complete the assigned tasks as part of their duties.
Finally, you want to consider whether there has been a significant change in the employee's duties over time that would lead them to believe they are being subjected to disparate treatment. Has the employee taken on a larger workload or been asked to work later? Courts largely respect the business judgment rule which permits companies to make non-discriminatory employment decisions in the interest of business. Thus if the employee is subjected to a non-discriminatory adverse employment decision, such as demotion, transfer, or increased workload due to a business necessity, then the decision is protected under the law. However, it never hurts to communicate to the employee how they will be directly affected by the decision so the understand that it is out of business necessity rather than discriminatory intent.
answer to What rights does management have? posted Oct 26, 2011 11:14 AM [EST]
The employee’s claim of harassment and retaliation are key elements of discrimination law, however, all of the employment laws clearly require that the employee meet the requirement of being qualified to do their job. The anti-discrimination laws are not intended to protect poorly performing employees. A person cannot maintain that they were qualified to do their job while failing to perform the requirements of their job position. Likewise, in order to maintain a discrimination claim, an employee must show that they are treated less favorably than others because of prejudicial views concerning such qualities as their age, gender, disability, race, religious preference, sexual orientation, or ethnic origin. If everyone in the same job category is subjected to the same treatment and given the same tasks, then there cannot be discrimination.
Unfortunately, individuals sometimes claim discrimination without understanding the legal standard. Although you have indicated that your intent is not discriminatory and you believe the employee’s claim arise out of paranoia, you may want to do a little investigation into the basis of their prior complaints. For instance, if the employee is alleging discrimination on the basis of religion, consider whether the employee can identify individuals in their same job category but of a different religion that were treated better in terms of assignments, pay, etc. If they cannot, they cannot meet the legal standard. In spite of this, you may want to outline your performance expectations for the employee and reiterate that your requests arise not from an intent to discriminate but rather from a reasonable expectation that the employee will complete the assigned tasks as part of their duties.
Finally, you want to consider whether there has been a significant change in the employee's duties over time that would lead them to believe they are being subjected to disparate treatment. Has the employee taken on a larger workload or been asked to work later? Courts largely respect the business judgment rule which permits companies to make non-discriminatory employment decisions in the interest of business. Thus if the employee is subjected to a non-discriminatory adverse employment decision, such as demotion, transfer, or increased workload due to a business necessity, then the decision is protected under the law. However, it never hurts to communicate to the employee how they will be directly affected by the decision so the understand that it is out of business necessity rather than discriminatory intent.
answer to What rights does management have? posted Oct 26, 2011 11:14 AM [EST]
If your employer fails to provide a W-2 by the January 31st deadline, you can contact you local IRS Office. Keep in mind that you can file your taxes without your W-2 form by using the year-to-date information from your last 2009 paycheck and filing an IRS Form 4852 with your taxes.
If your employer is withholding your paycheck or the check fails to clear, you should contact your local Department of Labor Wage & Hour Division for assistance. Failing to pay an employee for wages that they have earned is a violation of federal labor laws.
Many states have criminal and civil penalties for intentionally passing a bad check and your employer may be liable. In the future, if you receive a paycheck that subsequently bounces, you can contact an attorney within your jurisdiction to see if they will be able to assist you.
answer to Can I report my employer for not giving me my W2's and not giving me my last paycheck? posted Mar 30, 2010 1:00 PM [EST]
If your employer is withholding your paycheck or the check fails to clear, you should contact your local Department of Labor Wage & Hour Division for assistance. Failing to pay an employee for wages that they have earned is a violation of federal labor laws.
Many states have criminal and civil penalties for intentionally passing a bad check and your employer may be liable. In the future, if you receive a paycheck that subsequently bounces, you can contact an attorney within your jurisdiction to see if they will be able to assist you.
answer to Can I report my employer for not giving me my W2's and not giving me my last paycheck? posted Mar 30, 2010 1:00 PM [EST]
Generally, final severance packages can vary between employees classified within the same employment class. This is because many people fail to realize that severance packages are often negotiable, meaning employees can request different terms than those initially offered by the employer. Negotiating factors such as extended health benefits, stock options and compensation, can make for varied packages amongst a group of similarly situated employees. The supervisor with fewer years of service may have been offered a similar agreement and negotiated for a more extensive compensation package.
In addition, there are no laws governing severance pay and they are largely seen as a matter of private agreement between the employee and the employer. There may be a cause of legal action in situations where there is a clear pattern of age, race or sex discrimination when it comes to awarding severance packages. This would require a showing that there is a clear pattern of less favorable severance packages being offered to a particular group of people because of their race, gender, disability, national origin or religion.
answer to recieved less severance as a manager than a supervisor with a difference in 3 years service posted Nov 6, 2009 02:40 AM [EST]
In addition, there are no laws governing severance pay and they are largely seen as a matter of private agreement between the employee and the employer. There may be a cause of legal action in situations where there is a clear pattern of age, race or sex discrimination when it comes to awarding severance packages. This would require a showing that there is a clear pattern of less favorable severance packages being offered to a particular group of people because of their race, gender, disability, national origin or religion.
answer to recieved less severance as a manager than a supervisor with a difference in 3 years service posted Nov 6, 2009 02:40 AM [EST]
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