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Georgia Employment Law Questions & Answers
1 Answer | Asked in Employment Law for Georgia on
Q: salaried member of management told our staff we weren’t allowed to discuss pay, if caught we could be in trouble

Work in State of Georgia at Walmart

Damon Miller
Damon Miller
answered on Nov 15, 2022

The National Labor Relations Act (NLRA) protects the right of employees to discuss wages with one another. See the following:... Read more »

2 Answers | Asked in Employment Law and Immigration Law for Georgia on
Q: Changing jobs after green card based on employment received

I have got my employment based green card a month back however now my current employer isn’t focused on my promotion and compensation change. I have come across a great opportunity and want to switch jobs, wanted to know is there anyway current employer can cause issues with my green card for... Read more »

Adan Vega
Adan Vega
answered on Oct 14, 2022

Once your permanent resident status was approved by USCIS you are expected to work in the sponsored position for a reasonable period of time.

The law does not set a specific amount of time that you must remain with the sponsoring employer.

I highly recommend that you should visit...
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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, Personal Injury and Civil Rights for Georgia on
Q: I actually need several attorneys I've been hit by a pickup truck while walking

I also need an attorney to help me get my wages for working at a company in Hiram Georgia

Tim Akpinar
Tim Akpinar
answered on Sep 1, 2022

A Georgia attorney could advise best, but your question remains open for three weeks. It isn't clear if the accident involving the pickup truck is related to your claim for wages from the company in Hiram. In other words, if you lost wages as a result of getting injured, a single attorney... Read more »

2 Answers | Asked in Employment Law for Georgia on
Q: What is the law regarding a company demanding for the employees to attest to a vaccine? Is it legal to demand that info?

A company keeps demanding that I give an "attestation" as to whether or not I have been given the newest vaccine. The job is completely remote, I work entirely from home.

Kimberly N. Martin
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Kimberly N. Martin
answered on Sep 1, 2022

The cases involving whether employees are required to be vaccinated are evolving every day and depend on the type of work, reason for not getting the vaccine and whether the work is remote. I think a free consultation with a Georgia employment lawyer would be beneficial to you to discuss your... Read more »

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1 Answer | Asked in Employment Law for Georgia on
Q: I'm needing to find more information on standard of conduct.

Was told on thurs not to return to work until i had a doctors note. Friday a.m boss called me asking me to bring my belongs and come to the office, and he terminated me on the spot. Unemployment classified that as failing to meet the standard of conduct, however I was called into work and... Read more »

Kimberly N. Martin
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Kimberly N. Martin
answered on Sep 1, 2022

I think a free consultation with an employment lawyer may be beneficial for you. You do not provide enough information to provide a thorough response. If you have a disability or needed time off from work due to a serious health condition, you may want to speak with an attorney who can discuss... Read more »

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 »

1 Answer | Asked in Copyright, Employment Law and Family Law for Georgia on
Q: Hello Lawyers: I want to know, can I sue French Montana and Coke Boys Record?
Zachary Taylor Beck
Zachary Taylor Beck
answered on Aug 29, 2022

A person can file any lawsuit they want against whoever they want. However, whether that lawsuit is successful and warrants merit is another matter. Further, filing frivolous lawsuits can result in severe sanctions. Thus, consult an attorney before you file any type of lawsuit.

1 Answer | Asked in Employment Law for Georgia on
Q: Updating equipment off the clock for my employer, illegal or no?

My company requires that I run the updates for the company provided equipment every month off the clock, which is always at least an hour or more if the update didn't take the first time. Complaints have fallen on deaf ears evidently.

Rhiannon Herbert
Rhiannon Herbert
answered on Aug 23, 2022

More information is needed here, since whether "off the clock" work must be paid depends on a number of different factors. These include how you are paid (hourly vs. salary), how many hours per week you work, and what specific tasks you are required to do in order to run and complete the... Read more »

1 Answer | Asked in Employment Law and Sexual Harassment for Georgia on
Q: Is this sexual harassment or something more?

A female employee walks into her office and finds a male co-worker going through her personal phone. He is taking pictures of her screen with his phone. When caught, he immediately drops her phone and when she questions him, he says that he was just looking for the calendar. When she picks up her... Read more »

Rhiannon Herbert
Rhiannon Herbert
answered on Aug 16, 2022

You should first look to see if your company has a policy for reporting incidents of sexual harassment. If so, you should follow the policy and report what happened in writing. If no policy exists, you should still make a written report either to HR and/or your supervisor. Once the company has been... Read more »

1 Answer | Asked in Employment Law for Georgia on
Q: Can my employer legally make me show documentation of diagnosis after leaving the ER?
Rhiannon Herbert
Rhiannon Herbert
answered on Aug 9, 2022

More information is needed to answer this question. However, if you miss work for a medical reason, your employer is generally permitted to request documentation of your absence to substantiate that your absence was caused by the medical reason provided.

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 Criminal Law, Employment Law and Federal Crimes for Georgia on
Q: Should I have anything to worry about or that I will have to handle?

Hello, I worked as a retail associate selling cell phones. In that position there was fraud going on with associates also selling phones were doing fraud and selling it to people using other peoples names basically a scammer. Will or can I still be charged for that? I unknowingly sold him phones... Read more »

Joshua Schiffer
Joshua Schiffer
answered on May 22, 2022

All depends on the investigation and what turns up. You can also either sit silently OR actively participate, if you have an appetite or desire for that. If you may be criminally liable, advance cooperation can also be mitigation for when you face potential consequences. Generally I advise... Read more »

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 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 »

1 Answer | Asked in Employment Law for Georgia on
Q: I was hired and signed a written job offer on 12/09/2022. What can I do to hold this company accountable for the offer?

It now has been approximately 2 months since I was told to wait until the background check is complete. I have reached out to the hiring company several times for an update. I know I have a clean background including no drugs, but they have not been cooperative as to my start date. Hopefully, you... Read more »

Carrie Dyer
Carrie Dyer
answered on Jan 26, 2022

A job offer letter is typically not the same as an employment contract that may guarantee you a certain start date. Unless you have an employment contract that provides for a set start date by which you will begin work and begin receiving compensation, there is nothing you can do but wait until... 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 »

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