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Georgia Employment Discrimination Questions & Answers
1 Answer | Asked in Employment Law and Employment Discrimination for Georgia on
Q: I got fired cuz I had a Dr's note not to work
Kimberly N. Martin
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Kimberly N. Martin
answered on Sep 7, 2022

I'm sorry that you were terminated for turning in a doctor's note. Under the American's with Disabilities Act, an employer cannot terminate an employee on the basis of a disability or because they perceive the employee as having a disability. If an employee has a disability under... Read more »

1 Answer | Asked in Business Law, Employment Discrimination and Employment Law for Georgia on
Q: Can I sue someone for not paying me even if we didn’t have a contract?

I went on tour with a rapper and I was the driver and the rapper said he was going to pay me but we didn’t sign a contract or anything. And now that the tour is over he has ghosted me.

Glenn M. Lyon
Glenn M. Lyon
answered on Sep 6, 2022

Yes.

1 Answer | Asked in Employment Law and Employment Discrimination for Georgia on
Q: Negotiating a severance package before getting attorneys involved.

Company is downsizing and I was laid off. I get it. However, I was offered a weak severance package. Should I amicably counter with what I believe is fair (3 times what they offered), without introducing the hostile work environment and age discrimination I felt I experience during my tenure? Or... Read more »

Kimberly N. Martin
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Kimberly N. Martin
answered on Aug 30, 2022

This is a good question. Understandably, you do not state how long you have been with the company, how much they are offering you, and how much you would accept. However, I think it may be beneficial for you to get a free consultation from an employment lawyer to assist you in determining an... Read more »

2 Answers | Asked in Employment Law and Employment Discrimination for Georgia on
Q: Can I take action against an employer when a manager guaranteed me an accommodation for a mental disability & retracted

Manager that hired me guaranteed accommodation, told me he would take care of everything and not to worry about it. Manager stepped down. New manager was aware of the situation and accommodation and upheld it for weeks and then one day retracted it because “we were busy”, costing me $150 in... Read more »

Carrie Dyer
Carrie Dyer
answered on Jul 20, 2022

You should follow the company's procedure for submitting a formal request for an accommodation to the company's HR department. The employer is required to review your request and engage in an interactive process with you to determine if there is an accommodation that will allow you to... Read more »

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1 Answer | Asked in Civil Litigation, Employment Discrimination and Employment Law for Georgia on
Q: How long does one have to file a whistleblower suit against a government agency?

In the State of GA - How long does one have to file a whistleblower suit against a government agency?

Kimberly Grant
Kimberly Grant
answered on Jun 20, 2022

A whistleblower action must be brought within 6 years after the date the violation was committed.

Kim

1 Answer | Asked in Employment Law, Civil Rights and Employment Discrimination for Georgia on
Q: Do I have a legal case with this issue?

My employer promised me a raise, gave it in writing, even paid it for the first week it was active. Now my second week, he is suddenly confused about the raise and trying to essentially take it back. What legal action can I take?

Carrie Dyer
Carrie Dyer
answered on Feb 23, 2022

If you are an at-will employee, your employer can changes the terms of your pay for any reason at any time. Unless you have an employment contract guaranteeing you a certain pay rate, there no legal action you can take.

1 Answer | Asked in Business Law, Employment Discrimination and Probate for Georgia on
Q: I failed to ask for ID and served a minor alcohol. There is a fine to pay. Is it me or the restaurant who is to pay?
Jammie Taire
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Jammie Taire
answered on Jan 30, 2022

Unfortunately you posted this in the probate section; however, you as an FYI, if you received the citation then you need to appear. You should speak to your employer regarding respoonsibility.

1 Answer | Asked in Employment Discrimination, Employment Law and Personal Injury for Georgia on
Q: How long after termination does a ex employee have to potentially start a lawsuit against their past employer?
Cory D. Raines
Cory D. Raines
answered on Jan 29, 2022

Your question depends on what you plan on suing your employer for. The statute of limitations provides timeframes for when a lawsuit must be filed and failure to do so during that time will result in you being unable to file a lawsuit. The following limits are outlined in the Official Code of... Read more »

2 Answers | Asked in Employment Law, Workers' Compensation and Employment Discrimination for Georgia on
Q: Can my employer legally pay vaccinated workers to quarantine and not pay unvaccinated?

They are requiring unvaccinated employees to use vacation / PTO & paying vaccinated employees without having to use their PTO / Vacation time. Keep in mind that the quarantine rules are the same regardless of vaccination status, 5 days for exposure and 10 days for a positive Covid test.

Rhiannon Herbert
Rhiannon Herbert
answered on Jan 12, 2022

Wage and hour laws only require your employer to pay you for time that you are working. Since employers are not required to offer pay for non-work hours, the above policy, while unfair, is permissible.

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1 Answer | Asked in Employment Discrimination and Employment Law for Georgia on
Q: Can I sue an employer for telling me FT work is available and then not schedule me or respond to my emails about work.

Handbook states company must deliver schedule a week in advance which the company has failed to due since I started. I have only worked for 2 weeks but now they didn’t schedule me nor tell me there’s no work available when I asked just that the schedule was still being created.

I turned... Read more »

Carrie Dyer
Carrie Dyer
answered on Oct 13, 2021

A handbook is not a contract. There is no violation of the law simply because an employer has failed to deliver work schedules in the timeframe provided in the handbook. If you think the reason you are not being scheduled is based on some other unlawful motivation, you should contact an employment... Read more »

1 Answer | Asked in Employment Law, Business Law and Employment Discrimination for Georgia on
Q: Can I be suspended after 1 write up

I was written up for something I did not do and i refused to sign the write up. I questioned my general manager of how I could write him up and he suspended me for a week

Cory D. Raines
Cory D. Raines
answered on Oct 12, 2021

It is recommended that you check your employee handbook and other policies that you should have been given prior to your employment. However, Georgia is known as employee-at will state, which means you can be fired for any reason or no reason at all, so long as that termination does not violate a... Read more »

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 Civil Litigation and Employment Discrimination for Georgia on
Q: Security officer at my job taped me for his own personal use without my permission. And also created a youtube page .

What can i do?

Michael D. Birchmore
PREMIUM
Michael D. Birchmore
answered on Mar 3, 2021

The immediate thing you can do is to notify your employer. If this security officer has done it to you, chances are he is also doing it to others.

I will try to place your question to a category that might provide more responses for you.

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 »

2 Answers | Asked in Criminal Law and Employment Discrimination for Georgia on
Q: My first offender cannabis related felony was completed successfully in 2018 and I'm still being denied employment.

Can I get this discharged? And will this allow me a chance to work? Cobb county ga

Robbie Levin
Robbie Levin
answered on Jul 18, 2020

It is possible that it hasn’t been properly discharged. You may want to have an attorney look into it.

For more information visit my website at www.LevinLawyerGa.com

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2 Answers | Asked in Employment Discrimination and Employment Law for Georgia on
Q: Is it against the law for your employer to make you wear a mask? They cause nothing but nosebleeds.
Carrie Dyer
Carrie Dyer
answered on Jul 15, 2020

No, it is not against the law for your employer to require masks. If you have a medical issue that is causing you to get nosebleeds or you have some other medical reason that makes wearing a mask difficult for you, you should work with you doctor to submit an accommodation request to your... Read more »

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1 Answer | Asked in Employment Discrimination and Bankruptcy for Georgia on
Q: Some one work for me steal my check and he take 2000$ can I Prosecute him??
Timothy Denison
Timothy Denison
answered on Jun 1, 2020

Yes, although this is not a bankruptcy question.

1 Answer | Asked in Employment Discrimination and Employment Law for Georgia on
Q: Georgia wrongful termination FMLA and unemployment

My daughter was (I believe) wrongly terminated by her employer on 4/6/20. She was on FMLA the previous week &non-verbal for mental health reasons & her employer was duly informed of her FMLA week leave. They sent her an email after that requiring her to call in everyday which she... Read more »

Mitchell Feldman
PREMIUM
Mitchell Feldman
answered on May 4, 2020

If she was approved for FMLA as indicated, she would have a good claim for FMLA interference with rights, and potentially a retaliation claim. Based upon these facts, it is a claim worth obtaining legal representation. You can contact me or anyone else who handles employment claims, and some will... Read more »

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