Garber Law FirmThe Garber Law Firm, P.C.2024-03-06T18:16:29Zhttps://www.garberlaw.net/feed/atom/WordPress/wp-content/uploads/sites/1502719/2022/01/cropped-favicon-garber-law-firm-32x32.jpgOn Behalf of The Garber Law Firm, P.C.https://www.garberlaw.net/?p=2573932024-03-02T18:16:36Z2024-03-06T18:16:29ZFeeling continually uncomfortable
Being pregnant can be physically tough with issues like excessive tiredness and constantly feeling sick. These women may find themselves struggling to perform their duties effectively while facing insensitive remarks or unequal treatment from coworkers or supervisors.
Failing to receive proper accommodations
Even though there are rules saying pregnant workers should get accommodations, many workplaces do not follow them. Pregnant women often need changes to their job tasks or more breaks. Without the right support, they might have to choose between their health and their job.
Worrying about their future at the company
Pregnant women often worry that they will face consequences for speaking up about their rights at work. They might feel scared of missing out on promotions or even losing their job because they are expecting a baby. This fear makes it hard for them to ask for what they need.
Balancing work and doctor visits
Going to doctor appointments while working can be tricky for pregnant women. They might need time off for these visits, but they worry that asking for time off will make them look bad at work. This makes it even harder to balance their job and their health.
Bosses need to listen to pregnant workers and treat them with respect so they can continue to be part of the professional world. When workplaces do not follow labor laws, pregnant women can fall behind other coworkers in their careers.]]>On Behalf of The Garber Law Firm, P.C.https://www.garberlaw.net/?p=2573872024-01-03T05:39:54Z2023-12-13T21:53:42ZInconsistencies in financial records
In May 2021, the government prosecuted 319 white-collar crimes according to the Transaction Records Access Clearinghouse. One of the telltale signs of white-collar fraud is irregularities in financial records. Watch for discrepancies between reported profits and actual financial performance as well as disproportionate or unjustified expenses.
Unusual behavior in colleagues
Pay attention to changes in behavior among your colleagues. Sudden, unexplained shifts in lifestyle, such as lavish spending or an uncharacteristic display of wealth, could be indicative of white-collar fraud. Report any notable changes to your superiors.
Reluctance to share information
Fraudsters often guard their activities zealously. If you notice a colleague hesitating to share information about their work or projects, it may be a red flag. Open communication is important in a professional setting and a lack of transparency can be a warning sign.
Unexplained vendor relationships
Fraudulent activities can involve fictitious vendors or suppliers. Watch for any unexplained or dubious relationships with vendors. Verify the legitimacy of such connections to ensure they are not a cover for fraudulent transactions.
High employee turnover in key positions
Frequent turnover in key positions, especially in finance or accounting roles, can be a red flag. Fraudsters may manipulate their colleagues or subordinates, leading to a revolving door of personnel.
To catch any fraudulent activities early, remain vigilant and observe the activities in your organization.]]>On Behalf of The Garber Law Firm, P.C.https://www.garberlaw.net/?p=2573862024-01-03T05:39:58Z2023-09-18T17:31:46ZGeorgia's paid parental leave
In July of 2021, Georgia's Paid Parental Leave, also known as PPL, took effect. This allows employees who have worked for at least 700 hours in the previous six months to take up to a maximum of 120 hours of paid leave for a rolling 12-month period.
AP News reported that just one month after the PPL took effect, more than 450 employees used over 13,440 hours of paid leave.
As long as employees meet the minimum qualifications and have a qualifying event of birth, adoption or foster care placement, employers should not be able to deny this type of paid leave request.
Employer discretion in Georgia
The federal Family and Medical Leave Act, or FMLA, applies to certain employers and provides eligible employees with up to 12 weeks of unpaid leave for different family-related reasons, including the birth or adoption of a child. Under FMLA, employees have the right to job protection during their leave, ensuring they can return to their position or an equivalent one.
While FMLA provides job protection during paternity leave, this does not guarantee a paycheck during the leave. In addition, not every employee may qualify for FMLA. It applies only to businesses with 50 or more employees within a 75-mile radius. Employees must also have worked for at least 1,250 hours over the previous year and have been employed for at least 12 months.
Company policies
Beyond federal regulations, company-specific policies play a significant role in determining whether to grant paternity leave. Employers may choose to offer paid or unpaid paternity leave as part of their employee benefits package. The company's employee handbook or policies typically outline the terms and conditions of such leave.
Fathers may have access to job-protected leave under both the federal FMLA and Georgia's PPL, provided they meet eligibility criteria and work for a qualifying employer. The ability to deny paternity leave ultimately depends on the specific circumstances, employer size and company policies. Recourse options are available if your employer denied you parental leave when you qualified for it in the state of Georgia,]]>On Behalf of The Garber Law Firm, P.C.https://www.garberlaw.net/?p=2573852024-01-03T05:40:06Z2023-06-09T04:18:37ZUnderstanding your rights
Under the Americans with Disabilities Act (ADA), employers must provide reasonable accommodations to employees with disabilities unless it causes undue hardship to the business. Knowing your rights under this act can help you when addressing your concerns with your employer.
Open communication
Begin with open communication. Discuss your concerns and the accommodations you need with your employer or human resources department. Sometimes, lack of accommodation may stem from misunderstanding or lack of knowledge about your specific needs.
Documentation
Keep a record of all communications regarding your need for accommodation. This includes your initial request, any follow-up discussions and your employer's responses. Documentation can serve as evidence if the situation escalates.
Third-party intervention
If direct communication does not resolve the issue, you may need to involve a third party. This could be a company ombudsman, a disability rights advocate or an equal employment opportunity commission representative. While it is beyond the scope of this article to advise involving an attorney, there are many resources available for employees who find themselves in this situation.
Filing a complaint
If your employer continues not to provide reasonable accommodations, you might need to file a complaint with the Georgia Equal Employment Opportunity Commission. They can investigate your claim and provide guidance on the next steps.
Remember, you have rights under the ADA. If your employer is not accommodating your disability, you have avenues to rectify the situation.]]>On Behalf of The Garber Law Firm, P.C.https://www.garberlaw.net/?p=2573782024-01-03T05:40:10Z2023-03-21T17:39:51ZWhistleblower rights
The Department of Labor outlines the rights and protections that prohibit employers from taking retaliatory action against workers who legally disclose information regarding workplace wrongdoings. These rights are under the protection of various government agencies including OSHA and the Wage and Hour Division.
Retaliation defense
If an employer does attempt to retaliate against you for blowing the whistle, despite the laws which prohibit them from doing so, you can take legal action after the fact. Building a successful retaliation defense can also result in monetary compensation for any suffering inflicted by an abusive employer.
Anonymity
Identifying yourself when filing a whistleblower claim allows the authorities to reach out to you as part of the investigative process. If you worry for your personal or professional well-being, however, you have every right to protect yourself by remaining anonymous.
Every person has the right to work in a safe and law-abiding environment. The protections put in place by the U.S. government help ensure that you do not have to worry about your career or personal safety when reporting illegal activity at your job.]]>On Behalf of The Garber Law Firm, P.C.https://www.garberlaw.net/?p=2573762024-01-03T05:40:15Z2022-12-13T18:19:40ZWhen should I file a claim against my employer for a wage dispute?
The Fair Labor Standards Act enforced by the U.S. Department of Labor states that all employers must pay at least "time and a half" for time worked in excess of 40 hours in one week. You may have sufficient grounds for filing a claim if your boss fails to meet the required overtime premium when rendering your payment.
What damages can I receive in an overtime dispute?
If the court rules in favor of your case after filing a claim against your employer for a wage violation, you might recover a few types of damages. You can reasonably expect to receive the unpaid wages due to you by your employer. You might also receive interest on those unpaid wages, as well as compensation for your attorney fees or even a penalty payment from your employer if the court deems it appropriate.
When your company or boss neglects to pay you the legally-required premium for your overtime hours, you have the right to pursue those unpaid wages through legal action. In some cases, you may receive additional compensation for your time or suffering.]]>On Behalf of The Garber Law Firm, P.C.https://www.garberlaw.net/?p=2572792024-01-03T05:40:19Z2022-09-08T13:58:32Z1. Understand your rights first
The Georgia Whistleblower Statute offers protections for citizens trying to do the right thing. Know what actions you can take and the levels of protection that you can expect before you begin.
2. Consider remaining anonymous
Staying anonymous, or becoming a confidential whistleblower, may offer you and your family protection. If no one knows who the whistleblower is, retaliation becomes impossible.
3. Don’t break the law
Some employees have lost their cases when they illegally disclosed confidential information during their whistleblower case. In some instances, there were criminal charges as well.
4. You don’t need to be a U.S. citizen
The most effective whistleblower laws have no citizenship requirements for reporters. Many citizens from foreign countries expose fraud or bribery in the United States.
5. You can win
Whistleblowers are an important source of information for investigators, and the most successful prosecutions point back to concerned citizens who stood up to corruption. Taxpayers have recovered billions upon billions in fines for Medicare and Medicaid frauds, illegal banking, fraud in government contracting and other crimes thanks to whistleblower exposure.
Standing up to fraud and corruption, sometimes at the expense of yourself and your family, is a heroic action. America depends on citizens who do the right thing to make the country better.]]>On Behalf of The Garber Law Firm, P.C.https://www.garberlaw.net/?p=2572802024-01-03T05:40:23Z2022-06-11T18:11:15Zwhistleblower claim.
Can I lose my job?
The most common fear among potential whistleblowers is that the company will fire them for reporting their fraudulent activity to the government. The government takes fraud very seriously and provides protection for whistleblowers through acts such as OSHA's Whistleblower Protection Program. The included laws ensure that employers will not take retaliatory action against individuals who blow the whistle on deceptive behavior.
Will I lose my reputation?
Companies may be hesitant to hire workers who are likely to raise concerns about their more unscrupulous activities. While blacklisting falls under retaliatory behavior that is illegal as per protective laws, employers might still try to kill your career from under the table after a whistleblowing incident. The best way to maintain your career and professional reputation is to take advantage of confidentiality provisions that keep your identity anonymous throughout your whistleblowing claim.
While companies might try to threaten you for raising awareness of their fraudulent actions, the law is on your side. You might even be able to recover financial damages for your part in assisting the government.]]>On Behalf of The Garber Law Firm, P.C.https://www.garberlaw.net/?p=2572812024-01-03T05:40:27Z2022-03-11T12:50:21Zwithout losing their job.
An employee does not have to take 12 weeks off in one block
Employees who work for a company that qualifies for FMLA have a total of 12 weeks of unpaid time off per 12 months. The time away from work does not need to occur during one block of time. Employees can take a week, a month, or any number of days off at a time. Some companies may offer employees the opportunity to cut back their hours and spread the time off out over the year.
FMLA only covers immediate family members
Regardless of how close an employee is to their family members, they cannot use FMLA to care for anyone they please. Employees can only use FMLA to care for a son, daughter, parent or spouse. A parent can be biological, step, adoptive, foster, or a person who acted in loco parentis for the employee as a child. However, this means that taking time off to care for siblings, grandparents, aunts and uncles, or in-laws does not qualify for FMLA protection.
Knowing that FMLA is available can make it easier for employees to take time off work to care for ailing family members without worrying about losing their job.]]>On Behalf of The Garber Law Firm, P.C.https://www.garberlaw.net/?p=489922024-01-03T05:40:31Z2021-12-13T23:21:16Z1. How does the law protect women during pregnancy?
Pregnancy may temporarily limit your ability to perform certain tasks, especially if you experience complications. If your company has a certain minimum number of employees, your employer may need to accommodate this temporary disability under the ADA by providing lighter duty, a modified schedule and/or other adjustments to your usual tasks.
2. What types of parental leave are available?
The federal Family and Medical Leave Act may also allow you to take up to 12 weeks of unpaid leave to care for and bond with your child after he or she is born. However, you may have to show that you have worked a certain number of hours for your employer within the past year to be eligible.
3. Are there protections against pregnancy discrimination?
You may find that medical issues related to your pregnancy invite unwelcome or aggressive comments or behavior by supervisors, coworkers or even customers. If such behavior is frequent or severe enough to create a hostile work environment, you may be able to seek protection under the Pregnancy Discrimination Act.
Unfortunately, despite these laws, many employers do not fully understand their obligations and your rights. If pregnancy or childbirth has endangered your job or career, know that you may be able to pursue legal action.]]>