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Georgia Employment Law Questions & Answers
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.

1 Answer | Asked in Employment Law and Personal Injury for Georgia on
Q: I fell on wet floor headed to clock in. They wont pay because they said I had on wrong shoes and hadn't clocked in yet

What can I do to get help with doctor bills and time off work

T. Andrew Miller
T. Andrew Miller answered on Aug 26, 2020

Hire a workers comp lawyer to represent you. Based on the facts provided, it sounds like you should be covered.

1 Answer | Asked in Employment Law for Georgia on
Q: Employer is deducting one hour for lunch but only giving one 30 minute break.

The problem has been reported to the supervisor and management many times over a 3 year period but no change has been made.

Rhiannon Herbert
Rhiannon Herbert answered on Aug 26, 2020

The policy you've described above is unlawful under the Fair Labor Standards Act (FLSA). While employers need not pay you for breaks lasting 30 minutes or more, if your break is cut short, you must be paid for time you are performing work. In your situation, the 30 minutes you receive for... Read more »

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 Criminal Law, Education Law and Employment Law for Georgia on
Q: As a teacher w/ restricted criminal record, what shows on my fingerprint & criminal background check to school system?

Last summer (2019), I hired an expungement lawyer to have my criminal record restricted. I was eligible for record restriction as the charges from my 2015 arrest were dismissed. I am a new hire to the school district and am concerned about what shows up on me after my fingerprinting and my criminal... Read more »

David Edward Boyle
David Edward Boyle answered on Jun 5, 2020

If you want to know what has been revealed you should run a copy of your own criminal history with a law enforcement agency for employment purposes and see what shows up. Often times there are errors when the records are input into the system.

1 Answer | Asked in Employment Law for Georgia on
Q: My job has told me I have to come back, and stopped my unemployment. I have severe asthma and allergies

I have the dr note saying I'm high risk. Job said I can go on unpaid leave. I told them shelter in place was through june 12th, they basically said I was a liar.

Kyle Anderson
Kyle Anderson answered on May 28, 2020

Hi, you can request a reasonable accommodation for your severe asthma in light of the risks associated with covid-19. You and the employer will need to engage in an interactive process to determine a reasonable accommodation that won't pose an undue hardship on the business. If unpaid leave or... Read more »

1 Answer | Asked in Health Care Law, Insurance Bad Faith, Insurance Defense and Employment Law for Georgia on
Q: I was let go 1 month after my transplant was approved through our insurance. Do I have a case?
Tim Akpinar
Tim Akpinar answered on May 17, 2020

It's difficult to say, based on these facts alone. It could depend on the provisions of the health care plan, whether you were working under a contract that addressed such benefits, whether Georgia law provides for options for employees to continue their health care coverage, and other... Read more »

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
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 »

1 Answer | Asked in Employment Law, Civil Litigation and Civil Rights for Georgia on
Q: My job fired me because the mask broke that they provided me and they didn't have anymore in the building.
Priscilla T. Upshaw
Priscilla T. Upshaw answered on May 1, 2020

Your circumstances are unfortunate, however more information is needed before an accurate answer can be provided. It is best to contact an attorney who can discuss and assess the details of your case.

We are glad to assist you. Contact us whenever you are ready.

I will you well....
Read more »

Q: I need to talk to a lawyer about unlawful termination from Emory Johns Creek medical in 2019 over Getting terminated

Yeah they stated that I was abusing substances and diverting medications yet never could show me any kind of paperwork or proof and there’s tons of safeguards so I know that there’s not anything that they had against me one because I didn’t do it and two they reported me to the board of... Read more »

Tim Akpinar
Tim Akpinar answered on Apr 25, 2020

At this point, you might be better off reaching out to attorneys to discuss your matter instead of waiting further for a reply. You're looking for an attorney and this isn't really a referral service; it's only a Q & A Board. You could use the tab above (Find-a-Lawyer for the... Read more »

1 Answer | Asked in Employment Discrimination and Employment Law for Georgia on
Q: My wife is pregnant, her employer a dental company told her she cannot work due to her being pregnant. Is this allowed?

My wife was told due to her higher risk of coronavirus being pregnant she needs to stay Home from 3/23/20-4/6/20. This will be unpaid unless she uses vacation time. Other employees are still allowed to work during this time who are not pregnant. Is this discrimination?

Greg Mansell
Greg Mansell answered on Mar 18, 2020

This is discrimination. If she is capable of working medically, then her pregnancy cannot be a reason to put her on unpaid leave. That is discrimination based on her pregnancy. You should contact an employment lawyer in Georgia to discuss your options.

1 Answer | Asked in Employment Law for Georgia on
Q: What can I do about an employer not paying employees?
Greg Mansell
Greg Mansell answered on Mar 18, 2020

If your employer is not responding to questions about your pay, you should reach out to an employment lawyer in your state. There are federal and state laws that require payment of minimum wages and payment to employees within a certain amount of time.

1 Answer | Asked in Employment Law for Georgia on
Q: Hello - I reside in the state of Georgia, and I'm looking for assistance on employment agreements vs. handbooks.

I provided my voluntary resignation on 2/6/20. I received a letter from my former employer today stating that he would not be paying me for the three days PTO I took prior to turning in my resignation - he actually edited the "Handbook" to include that he didn't have too if you... Read more »

Rhiannon Herbert
Rhiannon Herbert answered on Feb 12, 2020

Since you are an at-will employee, your initial offer letter is not an employment contract in that it doesn't create enforceable legal rights to benefits like PTO. As for the handbook, employers may change their PTO policies at any time, and the Fair Labor Standards Act does not require that... Read more »

1 Answer | Asked in Bankruptcy and Employment Law for Georgia on
Q: I received an notice of chapter 11 bankruptcy filing from my former employer does that mean I’m considered a creditor

My former employer is The Krystal Company who filed on 1/19/20 and they still owe me money from where I worked a week in the hole. Am I considered a Creditor in their case because I received a notice of the bankruptcy filing

Timothy Denison
Timothy Denison answered on Jan 27, 2020

Yes. You are a creditor and you should file a priority proof of claim with the court because you will likely get most of your money.

1 Answer | Asked in Employment Law, Insurance Defense, Personal Injury and Constitutional Law for Georgia on
Q: How do I get my employer to complete part on a form, send to the Long term disability insurance comp? trying for 3 mths

The ins. can't process my claim without it. Been out of work since April 2019 for a disability.

Tim Akpinar
Tim Akpinar answered on Jan 25, 2020

Your post remains open for two weeks. At this point, you could contact Georgia employment law attorneys you find on this site, or through your own independent searches, and discuss the matter in confidence with them. Based on these brief facts, it's anyone's guess why the form has been... Read more »

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