Parks Chesin & Walbert | Employment Law
148
archive,paged,category,category-employment,category-148,paged-10,category-paged-10,ajax_fade,page_not_loaded,,select-theme-ver-4.1,wpb-js-composer js-comp-ver-5.3,vc_responsive

Can I Be Fired While on Jury Duty?

Jury trials are the cornerstone of the American judicial system. What goes hand-in-hand with jury trials? Jury duty, which is called duty, because you, legally, have to do it. This means that your employer may not fire you for missing work for jury duty. In fact, some states have made it a crime for employers to retaliate or intimidate an employee serving on a jury.

READ MORE

Severance Pay: What Are My Rights?

Severance pay is typically part of a benefits package some employees receive when they leave employment. They can include benefits such as several months’ salary, payment for unused vacation or sick time, continued medical, dental or life insurance coverage, retirement benefits, stock options, and help finding new employment.

READ MORE

FULTON COUNTY PAYS $18 MILLION FOR EMPLOYMENT CLAIMS

On November 18, 2015, the Fulton County Board of Commissioners agreed to pay over $18 million to settle a suit filed by Parks, Chesin & Walbert attorneys on behalf of over 300 County employees. The settlement is the latest in a series of claims alleging the County’s pay plan violates its personnel regulations. The County was forced to pay $4.6 million in 2014 for similar claims brought by judicial law clerks after losing a binding arbitration.

READ MORE

Court of Appeals Clarifies Damages Required for Breach of Fiduciary Duty Claim

The Court of Appeals held that dismissal of a law firm’s breach of fiduciary duty claim against a former managing member was unwarranted, even though the law firm failed to demonstrate it incurred damages or that the managing member obtained a benefit from his independent marketing activities. Helms & Greene, LLC v. Willis, No. A15A0361 (2015). Kirk Willis (“Willis”) was the former managing member of the Dallas, Texas office of Helms & Greene, LLC (“the law firm”) who eventually left the firm to start his own practice. While he was at the law firm, Willis was also marketing his own practice.

READ MORE

Court of Appeals Clarifies Procedural Hurdles To Whistleblower Protection Under TPFCA

The Court of Appeals recently explored the procedural and immunity implications of the Taxpayer Protection and False Claims Act (TPFCA) with respect to state universities and their officers and employees. In Fuciarelli v. McKinney, No. A15A0223, 2015 WL 4313845 (Ga. Ct. App. July 16, 2015), the Court held that a state university and its officers and employees – as public employees – are entitled to sovereign immunity in their official capacities when sued under the TPFCA. On the other hand, the Court clarified that a public employee is not required to obtain approval from the Attorney General before filing a retaliation suit under the TPFCA against other public employees in their individual capacities.

READ MORE

What Obama Administration’s Expansion of Overtime Means for You

The Fair Labor Standards Act (“FLSA”) was passed in 1938 in an effort to address concerns about the exploitation of blue-collar workers made to work more than the standard 40 hours a week without extra pay. Almost a century later, the White House just announced its plan to propose new rules that will drastically increase the number of people eligible to receive overtime pay. This plan focuses on bringing relief to America’s middle class and memorializes the Administration’s observation that: “[a] hard day’s work deserves a fair day’s pay.”

READ MORE