at-will employment Archives - Parks Chesin & Walbert
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What It Means to be an At-Will State

The default presumption for an employer/employee relationship across the United States is “at-will”. What does “at-will” mean? In an at-will relationship, employment can be terminated at any time and for any reason. This is a two-way street. While the employer can fire an employee at any time, so too can an employee resign his or her employment whenever they choose, without providing any notice or reason. At-will employment can be controversial. On one hand, employees are free to take up employment and leave when they prefer. Employers can dismiss their workers as and how business requires. Yet in a relationship in which only one party (the employer) has the upper hand- the consequences for a vulnerable employee left without a salary or security can be devastating. It is contrary to our sense of decency that careers can simply be taken away on a whim.

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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.”

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Does A Georgia Employer Have To Provide Sick Leave To Employees?

Earlier this week, Jersey City, New Jersey Mayor Steven Fulop signed a city ordinance that requires employers to provide sick leave to their employees with sick time – paid sick time if the employer has 10 or more employees, unpaid sick time for smaller employees at smaller businesses.  You can read the full ordinance here.  Many people have asked why such an ordinance is necessary, assuming that the law already requires employers to allow employees limited time off work when they are sick.

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First Amendment Protects Act of “Liking” A Facebook Page

More than 36 million Facebook users “like” Barack Obama’s Facebook page.  More than 11 million users “like” Mitt Romney’s Facebook page.  The 2012 elections made clear that social media is the newest front in the war of political campaigns.  Until last week, however, it was unclear to what extent, if at all, the First Amendment protects the act of “liking” a Facebook page.

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Employment Law Fact or Fiction?: It Doesn’t Matter Why You Are Fired In An At-Will State.

This article kicks off our “employment law fact or fiction” series in which we will discuss some of the most frequently asked questions that the attorneys at Parks, Chesin & Walbert are asked by clients and potential clients.  Few issues are black and white; most are shades of gray.  Our hope is that the information here can help you gain a better understanding of Georgia employment law generally.  Contact us today if you have a specific legal concern or think you have been wrongfully fired.

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