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Canton Legal Issues Blog

What should I do about an employment law violation?

As a worker in Georgia, you have certain rights at work. When your boss violates those rights, a lawsuit might be in order. However, before you can pursue a lawsuit against your current or former employer for violating employment law, you usually have to first make a complaint to the U.S. Equal Employment Opportunity Commission. While this might sound simple enough, making a proper complaint to the EEOC can actually be quite complicated.

Your complaint to the EEOC is usually referred to as a charge of discrimination. This charge of discrimination should summarise your supporting facts for your claim. Important and relevant information you should detail in your complaint include:

  • Forms of alleged discrimination
  • Time frames of discrimination

Criminal defense: Woman jailed over cotton candy

Georgia residents often place an enormous amount of trust in the police, and rightly so. Police officers provide valuable services, but they are still human and as such often make mistakes. It is important for defendants to remember this when working on their criminal defense plans, as it is possible to have criminal charges dismissed because of police error.

In 2016, two police officers initiated a traffic stop because they thought that the vehicle's window tint was darker than permitted by law. After inspecting the windows they determined that the tint was in fact fine. However, the two officers then performed what was described as an extensive search of the vehicle's interior, although it is not clear why they felt justified in doing so. Eventually they found a plastic bag with an unidentified blue substance. A roadside test gave a positive result for methamphetamine.

Anna Faris and Chris Pratt find unique family law solutions

Few people in Georgia -- if any -- look to celebrities when dealing with difficult issues, like divorce. However, acting couple Chris Pratt and Anna Faris recently settled their family law issues in a surprisingly amicable manner. Tackling tough topics like alimony, child support and child custody, the pair likely used their prenuptial agreement as a guide on certain issues.

The couple originally separated in Aug. 2017, although they did not file for divorce until several months later. Now, less than a year after their filing, their settlement was signed off by a private judge. As part of their settlement, they both waived their rights to alimony not just right now, but also in the future.

Missing overtime pay? That could be an employment law violation

You work hard, and you deserve to be fairly compensated for your time and effort. Unfortunately, many Georgia employers are eager to cut corners wherever possible, and this includes in your paycheck. If you suspect that your boss violated employment law by unfairly shorting you on wages, you need help.

One of the most common ways in which employers withhold wages is through unpaid overtime. If you qualify for overtime pay and work more than 40 hours in a single week, then your employer is legally required to compensate those additional hours. Although you might think this is straightforward, simply misclassifying your employment status as that of an exempt worker or independent contractor can easily get around this problem.

Think twice before copping that plea

If you are awaiting trial on charges on which you were arrested, at some point in the proceedings, it's likely that you will be offered a plea bargain. Whether you decide to accept the prosecution's offer is up to you. However, your decision should be based on facts and not fears.

Plea bargains are a necessary part of the criminal justice system. If every case played out in court, the criminal justice system would grind to a screeching halt, bogged down by the weight of all the pending trials. There is no arguing that plea bargains play a major role in moving justice along. But there are big problems with some plea bargains as well.

Can I protect my business during family law issues?

Surprises during asset division are never fun, especially for Georgia business owners. Protecting business interests during family law issues is important, and most people can accomplish this by being proactive. This usually involves a prenuptial agreement, although in some cases a postnuptial might also work. 

Take for example a woman who started a business after tying the knot. Although her husband expressed no interest in the venture, he learned of how valuable the business was during their divorce and insisted that he should receive half. The story is not so uncommon. Even CrossFit's co-founder Lauren Jenai faced a similar issue during her divorce, only in her case she ended up having to sell her share to her ex-husband as part of their settlement. 

Georgia criminal defense: Man charged with stealing waffle mix

A Georgia man was recently arrested for allegedly stealing a significant amount of waffle mix. According to police, he intended to sell the stolen mixes, although it is not clear if this particular product held a special significance. Although the product may be somewhat unusual, the charges are still serious, and criminal defense matters should be handled appropriately. 

In late Aug. 2018, the 33-year-old man supposedly broke into a storage shed that belonged to his former employer. He then allegedly removed five boxes containing significant amounts of waffle mix, all of which were the Golden Malted brand. The missing mixes were not discovered until Sept. 10, when police were first notified of the theft of product. In total, 150 pounds worth of waffle mix were reported stolen. 

Don't let an employment law violation compromise your finances

Being fairly compensated for your time and work is essential to your financial well-being. For this reason, realizing that you have been underpaid or otherwise mistreated at work can be extremely distressing. However, you can hold employers who violate Georgia employment law responsible for their actions while also seeking back pay and just compensation. 

Wage disputes can be complicated affairs and are rarely straightforward. You might have noticed your paycheck was missing overtime pay and, when you approached your employer, were told that you are classified as an exempt employee. Or you could be missing out on valuable benefits after being misclassified as an independent contractor. Determining which employees are overtime exempt or act as independent contractors should be straightforward, but employers often take advantage of confusion about classifications to short their workers. 

Criminal defense: Mother arrested after forgetting son in car

It is not uncommon for Georgia police to make arrests after receiving 911 calls. However, they may not be accustomed to arresting individuals who call 911 on themselves. A Georgia mother was recently arrested after she called the emergency line to report that she had accidentally left one of her children inside her vehicle. It does not appear as if she has any concrete criminal defense plans just yet, but she is apparently cooperating with investigators.  

On Aug. 13, a 911 operator received a call from a woman who said she had forgotten her 3-year-old child in her locked vehicle. The young boy had been in the car for about 3 hours when she realized he was still in there. According to her, she had dropped two of her other children off at the home of their grandmother, but the young boy had fallen asleep in his car seat. She returned home without realizing he was still asleep in the vehicle. 

Falsely accused of domestic violence? Know what to do

Some divorces get down and dirty right from the beginning. To wit, your spouse may press a false charge of domestic violence against you.

If such is the case, you need to spring into immediate action assembling your defense to these untrue allegations, as much is at stake. Your first knowledge of the situation may come in the form of a restraining order served on you at work or home. In other cases, you may actually be arrested. Either scenario is serious and requires your full attention.

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