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Georgia Employment Law Questions & Answers
1 Answer | Asked in Employment Law for Georgia on
Q: Can you sue your job for discrimination, falsifying documents, retaliation, and slander while still working there?

Was forced to leave my current location for no reason.

Kyle Anderson
Kyle Anderson answered on Aug 4, 2021

Hello, more information is needed here. Discrimination and retaliation would be unlawful if it is based on your race, religion, disability, or other protected class or activity. I would reach out to an employment law attorney in your state for a consultation.

1 Answer | Asked in Contracts, Employment Law and Business Law for Georgia on
Q: I owe my salon owner a lump sum that i signed and agreed to pay on august 1, but i don’t have the money yet. What to do?

My kids father and i split up so I’m moving to another city with my kids by force to live with my family. Which caused me a great setback.

Rhiannon Herbert
Rhiannon Herbert answered on Aug 3, 2021

You should reach out to the salon owner and explain your situation. If you can't pay the money owed in a lump sum, it may be possible to work out a payment plan where you pay in multiple installments.

1 Answer | Asked in Employment Law, Workers' Compensation and Employment Discrimination for Georgia on
Q: I was on medical leave from some time in May to sometime in June for heart problems that have developed recently.

I was on medical leave from some time in May to sometime in June for heart problems that have developed recently. I got an email today stating that my job was taking action to bring my termination request up at the next board meeting due to not returning to my job within the school system. I have... Read more »

Carrie Dyer
Carrie Dyer answered on Jun 30, 2021

You should follow your employer's instruction to call them if they have requested you do so. You should explain that your medical absence has been approved by the Director and provide your estimated return to work date. Additional information is needed to analyze whether you would have a... Read more »

1 Answer | Asked in Employment Law for Georgia on
Q: If I accept a job offer and the job requires rotating shifts .i have a disability that will not allow me to work those

hours do they have to accommodate me

Carrie Dyer
Carrie Dyer answered on Jun 16, 2021

More information is needed to answer your questions. Under the Americans with Disabilities Act, an employer is required to engage in an interactive process to attempt to come up with a reasonable accommodation that allows you to perform the essential functions of your position but does not cause an... Read more »

1 Answer | Asked in Criminal Law, Employment Law, Family Law and Domestic Violence for Georgia on
Q: If my dad put a emrgy TPO on me may 3 I went to court yesterday he filed a continuance I askd for a lawyer after he ask

After he asked judge for continuance he asked if the judge could order us to go to counseling? Why would he do all this if he wanted to go to counseling? I've been through and completed counseling/therapy several times and it is not just me that is the problem no matter how many times they... Read more »

Homer P Jordan IV
Homer P Jordan IV answered on May 19, 2021

I’d be happy to answer your question, but I’m not sure what it is. Maybe you would benefit from re-writing it and being more specific to what your question is.

2 Answers | Asked in Criminal Law, Employment Law, Family Law and Domestic Violence for Georgia on
Q: If dad filed a Emrgcy TPO & 2day had 1st hearing he cont'd & I asked 4 a lawyer can he still motion 2 dismiss it?

He said he wanted to continue it and then asked the judge if he could order us all to go to counseling? I wouldn't have a problem with it at all but the TPO would still stay and I wouldn't get to go to work & coach my girls? I work 4 my dad for 31 yrs! I feel like this was done to get... Read more »

Regina Irene Edwards
Regina Irene Edwards answered on May 18, 2021

You need to speak to an attorney to get specific advice about a case in progress. This forum is best for general questions.

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1 Answer | Asked in Business Law, Contracts and Employment Law for Georgia on
Q: Noncompete enforceable? Sold my Georgia business, sale contract says Pennsylvania jurisdiction, 4 employees in GA now

Never did Bill of Sale, only an asset purchase agreement. They breached multiple items of the sale agreement. Have asset sale agreement and employment agreement with Buyer. They changed me from 20 hrs/week salaried manager to hourly worker as needed and haven’t given me any work in two weeks... Read more »

Paul C. Jensen Jr.
Paul C. Jensen Jr. answered on Feb 27, 2021

It depends. Both Georgia and Pennsylvania courts will enforce valid restrictive covenants. Generally, to be enforceable, non-compete agreements must be reasonable as to time, geography, and activities restricted. In addition, courts are generally more tolerant of broad restrictions in a non-compete... Read more »

1 Answer | Asked in Criminal Law, Employment Law and Sexual Harassment for Georgia on
Q: 17yr old son moved in with his 31-year-old supervisor w/o permission. What Georgia laws could this woman be breaking?

I am a Kansas resident and my son was until I let him finish out last year of HS in Georgia with his grandmother on a power of attorney. He hasn't been living with her for the last six months or so and she failed to tell me and lied about it when I asked until I had proof. I'm concerned... Read more »

Tracy S. Reeves Jr.
Tracy S. Reeves Jr. answered on Feb 9, 2021

Unfortunately I do not believe there is any criminal conduct since the relationship began when your son was 16. I do share your concern and it would likely be best for him to leave that situation.

1 Answer | Asked in Employment Law for Georgia on
Q: Can your employer pay you based on your personal kept timesheet one week and the guard shacks record the next?

gfhg

Kyle Anderson
Kyle Anderson answered on Jan 21, 2021

Hello, more information is needed here. Why did they pay you according to one method and then another the next time? You should be paid at least the minimum wage for all hours worked. I would reach out to an employment lawyer in your state for a consultation if this is not the case.

2 Answers | Asked in Employment Law and Employment Discrimination for Georgia on
Q: My husband is being forced to take leave without pay due to some medical restrictions that have been placed on him.

They have made no attempts since he returned to work in May for reasonable accommodations. His restrictions are only no driving and no working on elevated surfaces or climbing ladders or stairs. The dr request was for him to be able to do table top work or desk work. Based on the ADA how can... Read more »

Kyle Anderson
Kyle Anderson answered on Dec 29, 2020

They may not be able to. It sounds like they are saying he needs to be "100% healed" to return to work. This may be a violation of the ADA. I would reach out to an employment law attorney in your state for a consultation and to discuss options.

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1 Answer | Asked in Employment Discrimination and Employment Law for Georgia on
Q: I can I be lawfully fired in an "at will" state for not being able to tell a manager what another employee said?

It is a private sector job and I couldn't even remember what the employee said in passing in the first place. I was promptly fired as well as banned from the premises for a year for not telling him.

Rhiannon Herbert
Rhiannon Herbert answered on Dec 9, 2020

While your situation seems unfair, there is nothing inherently unlawful about this. Since you live in an at-will employment state, that means you can be fired for any reason or no reason at all (as long as the reason isn't discriminatory).

1 Answer | Asked in Employment Law and Employment Discrimination for Georgia on
Q: Would my boss be pretextually firing me?

I'm 5 months pregnant and work at a preschool. Last week I had a doctor's appointment and my boss asked me how it went. I told her there were some complications and I may require more frequent doctor appointments at a high risk doctor 2 hours away. The next day she sent me a text message... Read more »

Rhiannon Herbert
Rhiannon Herbert answered on Nov 25, 2020

If your boss fires you, demotes you in either pay or job responsibilities, or refuses to allow you to return to work following a medical leave, then you may have a claim for pregnancy discrimination under Title VII of the Civil Rights Act of 1964. The close time proximity between notifying your... Read more »

1 Answer | Asked in Employment Law for Georgia on
Q: I am being demoted via divisional reorg. My previous position was not eliminated. Do I have to accept the demotion?

My new position also existed prior to reorg. There was no previous coaching to indicate I would be removed from my job. If I do not accept the new position, what options do I have beyond just quitting?

Rhiannon Herbert
Rhiannon Herbert answered on Nov 18, 2020

While your employer's conduct in demoting you is not unlawful in and of itself, you'll want to consider why your employer has chosen to do this. Do you think they had any kind of discriminatory motive for demoting you (i.e. based on your race, sex, age, disability, or religion?) If so,... Read more »

1 Answer | Asked in Criminal Law and Employment Law for Georgia on
Q: I have 2 theft by takings that is on my record from 10 years ago that ended in settlement. Is a settlement a conviction

I am applying to a nursing home as a temp aide and cna training and wanted to know if this could affect me. They both are felonies.

Jermario L Davis
Jermario L Davis answered on Nov 16, 2020

The term settlement is generally not used in criminal law. If by settlement you mean plea agreement, then you would have a criminal conviction which I expect your potential employer would consider before hiring you.

Your criminal record is composed of both (1) arrests and (2)...
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1 Answer | Asked in Employment Law for Georgia on
Q: Should I still get paid?

I am on salary and I’m company is wanting to shut down for a few week, because business is slow but not put us on unemployment status. Should I still get paid for the time I’m forced to take off?

Seth Meyerson
Seth Meyerson answered on Oct 19, 2020

Yes, the company can furlough you. However, yes, you should apply for unemployment benefits.

1 Answer | Asked in Employment Law for Georgia on
Q: Hi! I think I’m being misclassified as an independent contractor when I should be W-2. Is this illegal?

I have to wear a certain uniform, work the hours they tell me to, and work how they want me to. Taxes are also *not* taken out of my check

Seth Meyerson
Seth Meyerson answered on Oct 18, 2020

This is always an interesting question: Does the employer exercise so much control over an individual that the individual must, legally, be an employee. This is a very fact-specific and detailed inquiry. Make an appointment with a local employment attorney to discuss. You may be able to recover... Read more »

1 Answer | Asked in Employment Law for Georgia on
Q: My job has yet to give me my $1,000 bonus.

I recently began a job that stated in their job description that we would receive a $500 sign on bonus after passing required certification exam and working (8am-430am) for 2 weeks. I also received another $500 employee referral bonus. I have both of these amounts posted in my work portal, but have... Read more »

Seth Meyerson
Seth Meyerson answered on Oct 18, 2020

It depends where they told you that you would get these amounts. You may have a breach of contract suit. They cant really dodge your e-mails, can they? Other e-mails are answered from the same addresses? You work there?

So you have a record of asking for your funds. This might support...
Read more »

1 Answer | Asked in Employment Law for Georgia on
Q: Is it legal to ask all employees to fill out a Justifacts report, after they have been employed for 20 years?
Seth Meyerson
Seth Meyerson answered on Oct 16, 2020

Yes, it is within the employer's rights to do so in Georgia.

1 Answer | Asked in Employment Law for Georgia on
Q: Had corona employer said It was okay to quarantine came back said they hired new person and can’t afford me .

My boss gave me corona and I had to quarantine and they said everything was fine I go to go back today and they tell me they have been training a new guy and said they can’t afford to pay both of us

Rhiannon Herbert
Rhiannon Herbert answered on Oct 7, 2020

Depending on the circumstances, you may have a claim for disability discrimination and/or failure to accommodate under the Americans with Disabilities Act. The ADA protects qualified individuals with disabilities from discrimination such as termination based on a disability. However, COVID-19 may... Read more »

1 Answer | Asked in Employment Law for Georgia on
Q: I was underpaid by 2 dollars per hour for 6 months, can I get any of that pay back ?

I need to know if my employer is obligated to pay me at the original rate, I was paid 15 dollars an hour instead of 17 dollars an hour for 6 months, the hr department made a mistake with the payroll company, I was paid less than I should have been per hour

Rhiannon Herbert
Rhiannon Herbert answered on Sep 2, 2020

The Fair Labor Standards Act only requires that employees be paid at least minimum wage for each hour worked. However, if your employer has admitted it has made a mistake here, it may be worth it to request the issue be fixed in writing, both to your supervisor and to your HR department.

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