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Georgia Employment Law Questions & Answers
0 Answers | Asked in Employment Discrimination and Employment Law for Georgia on
Q: Can my employer require a statement from my psychologist that I am in good health if I have never had a work incident?

My spouse, and I are separating. In order to manage the stress this is causing, I have enrolled in a DBT therapy program. I shared this with my boss to let her know about the situation. My employer is now requiring that they speak with my psychologist to assess whether I am mentally fit to do my... View More

0 Answers | Asked in Employment Law and Personal Injury for Georgia on
Q: What should i do ?

I got physically assaulted in 2020 by a female supervisor, HR threw their statement away and did nothing but gave her a warning. Now she is back terrorizing all the women i came contact with at work. I'm a black male 28, she is a white female 25

1 Answer | Asked in Criminal Law and Employment Law for Georgia on
Q: I need an attorney to defend me and get me cleared of all charges of something I didn’t do and had nothing to do with

I was charged with lying to an officer, cruelty to children all because I took my girlfriend and her son to the doctor. Her son father gave the baby alcohol and I didn’t know it. I was in the police academy at the time and they fired me and arrested me for taking him to the hospital without any... View More

Anthony Kozycki
Anthony Kozycki
answered on Dec 16, 2024

These are obviously very serious charges, however, it sounds like you have a very valid case of innocence. Sadly, it is not uncommon for the police to cast their net too large and round up individuals who have not committed a crime. You need to find a defense lawyer that you trust to work through... View More

1 Answer | Asked in Employment Discrimination and Employment Law for Georgia on
Q: Since recently, I recently lost my job in June 2024. Since than, I have been having issues with finding employment.

I feel that the employer, has black listed me. Since I was wrongfully terminated.

Mitchell Feldman
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Mitchell Feldman
answered on Oct 15, 2024

If you have proof of false statements to prospective employers and third parties, you may have a right to seek damages under torts, such as slander or libel. That depends upon what was communicated and proof thereof. black listed is uncertain as to what you mean... If someone give an opinion not... View More

1 Answer | Asked in Employment Law for Georgia on
Q: Black listed and discriminated.

I feel that I getting black listed from my ex employee

Mitchell Feldman
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Mitchell Feldman
answered on Oct 15, 2024

The question is unclear. I assume you mean from former employer. If there is any instance of a former employer communicating false information to other persons or entities that may be actionable torts, such as slander, libel and tortuous interference. If you suffered harm financially, then you... View More

1 Answer | Asked in Criminal Law, Employment Law, Traffic Tickets and Workers' Compensation for Georgia on
Q: My husband is impotent , what do I do

We have sought medical attention

Serge Jerome Jr.
Serge Jerome Jr.
answered on Sep 30, 2024

If this is a result of a work related injury it is compensable.

1 Answer | Asked in Constitutional Law and Employment Law for Georgia on
Q: Is it a violation of Free Speech to be terminated from employment in Georgia for wearing a Keffiyeh or saying Ceasefire

I worked for an independent 3K-12 school in Atlanta (Atlanta International School) and I was fired for wearing a Keffiyeh and for saying Ceasefire Now.

James L. Arrasmith
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answered on Aug 31, 2024

In Georgia, as in many states, private employers have broad discretion to terminate employees, provided the termination does not violate specific legal protections. While the First Amendment protects free speech from government interference, it does not apply to private employers. This means that,... View More

1 Answer | Asked in Employment Law, Civil Rights and Employment Discrimination for Georgia on
Q: Offered job they asked for background before I did the background I went to them & explained they said we’re still hirin

I have a possession charge with wrong people wrong time but it was my car. I took them proof of 3 negative hair follicles and negative urine test from over the past year and they said that’s fine everyone deserves a second chance. I was giving a start date and time then they text me and said we... View More

James L. Arrasmith
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answered on Aug 31, 2024

It's really disappointing to go through something like this, especially after being open and honest about your situation. You did everything right by explaining your past, providing proof of your current status, and even getting their assurance that it wouldn’t be an issue.

When a...
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1 Answer | Asked in Employment Law and Civil Rights for Georgia on
Q: What to do if I was fired and it was put on my background as a misdemeanor for other jobs for which I was not charged?

It was put on my background check in order for me to obtain other jobs as a misdemeanor in which I was not charged, I was just giving a warning. Neither is it in the sheriff office system. The job that fired me put it in the system as a misdemeanor, I was not charged with anything nor went to jail... View More

James L. Arrasmith
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answered on Jun 26, 2024

This situation sounds concerning and potentially unfair. Based on the information provided, here are some steps you may want to consider:

1. Review your background check:

Obtain a copy of your background check to confirm what exactly is being reported.

2. Gather...
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1 Answer | Asked in Employment Discrimination and Employment Law for Georgia on
Q: work in Georgia, I am about to put in my two weeks notice but I’m negative 60 hrs PTO.can the recoup from my last check?
James L. Arrasmith
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answered on Jun 22, 2024

In Georgia, employers are generally allowed to deduct negative PTO balances from an employee's final paycheck, provided this policy is clearly stated in the employment agreement or company policy.

Key points to consider:

1. Check your employment contract and employee handbook...
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1 Answer | Asked in Employment Law and Gov & Administrative Law for Georgia on
Q: Can you explain the difference between substantiated, unsubstantiated, and inconclusive?

These terms would be based on investigation dispositions.

Tim Akpinar
Tim Akpinar
answered on Jun 24, 2024

A Georgia employment attorney could advise best, but your question remains open for two weeks. In general, substantiated means supported by facts (evidence in a proceeding). Unsubstantiated means "not supported by facts. Inconclusive means you can't draw any meaningful conclusion from the... View More

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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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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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

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

1 Answer | Asked in Employment Law for Georgia on
Q: I have intermittent FMLA and had to call out last minute from my job and I received a Corrective action 13 days later

I spoke out against unethical practices at the job and I feel targeted

Mitchell Feldman
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Mitchell Feldman
answered on Feb 17, 2024

That’s the whole purpose of the FMLA. The prohibits interference with your rights to have off time and so if the corrective action is related to you missing time, then it’s improper, but that one incident alone isn’t enough to make a legal claim without more but you certainly can voice your... View More

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