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Georgia Employment Law Questions & Answers
1 Answer | Asked in Employment Law for Georgia on
Q: I am a 1099 employee driving a company vehicle..is it legal for them to make me buy fuel for there vehicle

Also if this is legal can I write my gas off even though I drive there vehicle

John Michael Frick
John Michael Frick
answered on Apr 25, 2024

An independent contractor (i.e. a 1099 employee) such as yourself can enter into any agreement you want with the company that hires you. They may ask to condition your use of their vehicle on you paying for the fuel you use, and you can agree or not.

It is kind of unusual to have an...
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0 Answers | Asked in Employment Discrimination and Employment Law for Georgia on
Q: What are my rights in an employment investigation in Georgia?

Do they have to present evidence, dates, accusers? Do they have to investigate in a timely manner?

0 Answers | Asked in Employment Law for Georgia on
Q: Can an individual be considered to be on a personal leave of absence if employer-employee relationship no longer exists.

I am having to defend this in an unemployment appeal in Georgia. I can't seem to find an attorney who can help me with my unemployment appeals.

0 Answers | Asked in Contracts, Employment Law and Employment Discrimination for Georgia on
Q: company sent over contract for employment i signed contract and sent back as requested.

owner calls to confirm approval of contract next day , and both parties agree to move foward in the coming days unknown employee calls and says there is a conflict of interest, after all paperwork was reviewed and approved. company will not provide reason for decision and owes according to contract.

0 Answers | Asked in Employment Law and Health Care Law for Georgia on
Q: Can an employer wait on a decision from a third-party short-term disability claim before approving an FMLA leave?

Employer has indicated they are waiting on a decision from our third-party short-term disability company on a disability claim before the employer makes an internal decision on granting FMLA. I thought FMLA and short-term disability insurance were separate, and that I could qualify for FMLA... View More

0 Answers | Asked in Employment Law for Georgia on
Q: Should my staffing agency pay me for the 30 days during my onboarding and waiting for the project to start?

I have a contract that has a 3/25/24 start date and ends a year from now. I have been assigned to a project that everyday we are told it will start tomorrow. However, the contract didn’t actually get signed with the final consumer until 4/15/24. I was under the impression that we would be paid... View More

1 Answer | Asked in Employment Law and Tax Law for Georgia on
Q: I'm reaching out to see if anyone can assist with a tax question. I work for an employer from June 2023 until November

2023, I submitted a W-4 and W-9 form instructing my employer to withhold the maximum amount and they withheld nothing. I was unaware that no taxes were withheld. I found out when filing taxes and I owed over $7,000 to the IRS. I requested my w4 and w9s from my employer and found they were altered... View More

James L. Arrasmith
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answered on Apr 18, 2024

I understand your frustration with your former employer altering your tax forms without your consent. This is a serious issue, and you are right to consider reporting it to the IRS.

Even if your employer did not directly benefit financially from falsifying your W-4 and W-9 forms, they still...
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0 Answers | Asked in Employment Discrimination and Employment Law for Georgia on
Q: As a CDL driver can I be required to come into work and wait for a load while not being paid?

My job requires me to show up at our distribution center and if the load isn't ready we are supposed to wait until it is ready which may take most of the day and if we don't wait at the distribution center they will write you up and they will stop go ong you loads for a couple days. They... View More

1 Answer | Asked in Military Law and Employment Law for Georgia on
Q: Can an employer deny a Georgia State Defense Force volunteer request for drill leave?

An employer has stated that dates for drill will only be granted if another employee (shift manager in this case) puts their names on that date wanting that day off. Since then, employees have put their names down from May to October which will cause the GSDF soldier from attending drills as... View More

James L. Arrasmith
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answered on Apr 16, 2024

In Georgia, the law provides specific protections for members of the Georgia State Defense Force (GSDF) when it comes to fulfilling their military duties, including attending drills. Under the Uniformed Services Employment and Reemployment Rights Act (USERRA), and specific state laws, employers are... View More

0 Answers | Asked in Criminal Law and Employment Law for Georgia on
Q: If you are indicted on second degree burglary in 2019, then in 2023 can they drop charges and reindict you ?

I was charged in 2019 because my ex told them that I helped him when got caught for breaking in my aunts house because I wouldn’t

Take the charges for him. Well in 2023 I still hadn’t a trial and they dropped the charges and reindict me on them again. The only way I knew was because my... View More

0 Answers | Asked in Criminal Law and Employment Law for Georgia on
Q: If a felony charge is dismissed and then restricted, can the charge disqualify you from employment with a Dept. HHS agen

Arrest was in 2016 and dismissed in 2019. Applying for a position with a Dept. of Human Services agency as a social worker/case manager. Can this dismissed charge be held against me?

0 Answers | Asked in Arbitration / Mediation Law, Employment Discrimination and Employment Law for Georgia on
Q: I am going to arbitration against Carmax due to retaliation and wrongful termination should I have a attorney?

I am a disabled employee who filed an HR complaint regarding discrimination and then retaliation after the reporting. I also advised HR and the CEO of Carmax that I sent I sent in an inquiry to the EEOC. I was then suspended from work without cause, I filed for unemployment and won as there was no... View More

0 Answers | Asked in Employment Law for Georgia on
Q: I work as a bartender.My employer requires me to do to go specialist's job. I am not getting paid for that.

I am a bartender at restaurant. I get paid one hourly wage+ tips as a bartender. We also have a to go specialist position that is paid hourly salary as well.

When I bartend, and if to go specialist is missing my employer requires me to bartend and do to go specialist's job as well.... View More

0 Answers | Asked in Employment Discrimination and Employment Law for Georgia on
Q: Is there a Georgia law that requires employers to pay employees who turn in a 2 week notice if they’re told they aren’t

Needed during that period? Possible retaliation feared in my last two weeks.

0 Answers | Asked in Employment Law for Georgia on
Q: What is the strongest Georgia case law to support an appeal for denial of unemployment benefits after resigning ?

I'm a truck driver who resigned due to what I felt was workplace harassment on behalf of my driver manager. I was approached three times in a five-day period about a job-related issue I explained face to face with my driver manager. I felt like I was being harassed so I resigned. I filed... View More

1 Answer | Asked in Employment Discrimination and Employment Law for Georgia on
Q: I am a former employee, my former employer, sued me.

I am a former employee, my former employer, which is not the CEO, I did not sign the non compete with her, yet she sued me! The deposition is this coming Thursday. I understand it is such a short notice, but I need an attorney to attend with me.

Thank you in advance

Tim Akpinar
Tim Akpinar
answered on Mar 26, 2024

A Georgia employment attorney could advise best and should have first opportunity to respond, but if your deposition is in two days and it's already past 5:00 pm today, I wanted to prevent you from losing valuable time awaiting a response. As a general matter, this forum isn't set up for... View More

1 Answer | Asked in Employment Law, Immigration Law, Federal Crimes and Gov & Administrative Law for Georgia on
Q: I request your help in my query if I am eligible or not for the U visa and if yes what is the best way to proceed.

One of the lawyer here answered my question and asked to check U-Visa for my case i did some research but couldn’t find any good lawyer for my scenario-

I have a typical case with USCIS, They made a mistake on my document which caused me to struggle out of the country for more than a... View More

James L. Arrasmith
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answered on Mar 25, 2024

To determine your eligibility for the U visa, you need to understand that it's typically granted to victims of certain crimes who have suffered mental or physical abuse and are helpful to law enforcement or government officials in the investigation or prosecution of criminal activity. The... View More

1 Answer | Asked in Employment Law, Civil Rights, Constitutional Law and Criminal Law for Georgia on
Q: My manager caught on camera going into my deli three times went into my purse and phone.i still work here, Can I sue?

I went into work on a Sunday my off day to change the grease from the fryer. Went outside to get the containers to put the old grease in, come back in manager weirdly hurryingly with a weird look on his face coming out of my deli, another girl employed by us was sitting in front of my deli on a... View More

James L. Arrasmith
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answered on Feb 22, 2024

Yes, you can potentially sue your manager and employer for invasion of privacy under Georgia law. Some key points:

- Georgia recognizes invasion of privacy as a common law tort. Going through someone's personal belongings without consent constitutes invasion of privacy.

- You...
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1 Answer | Asked in Employment Law for Georgia on
Q: what's the term for I worked and can't get paid I ask I beg finally last year was paid except for November and December

currently I'm owed $24,700.00 its not immigration. I am a us citizen I'm 71 years old born in Georgia my parents and all relatives since the Mayflower

James L. Arrasmith
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answered on Feb 21, 2024

It sounds like you're dealing with a situation where you've performed work but haven't received the corresponding payment. This is commonly referred to as "unpaid wages" or "wage theft." As a U.S. citizen, you have legal rights protected by federal and state labor... View More

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