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Georgia Employment Discrimination Questions & Answers
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 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 Civil Rights, Employment Law, Sexual Harassment and Employment Discrimination for Georgia on
Q: Can I sue my job for sexual discrimination

So I’m wanting to know if I can sue my job for sexual discrimination because today on 11/15/23 I was given three days suspension for giving my female lead the finger and swearing at a male co worker but they did nothing when I came to my supervisor when somebody was watching me in the bathroom... View More

James L. Arrasmith
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answered on Nov 18, 2023

You may have grounds to pursue a legal claim for sexual discrimination, but it's important to understand that the success of such a lawsuit can depend on various factors. In your situation, it seems like you've been treated differently based on your gender, as evidenced by the suspension... View More

Q: I work in the hotel that I am living in with my family can I be kicked out for leaving the property after work?

I am living with my husband in two small children in a hotel i was paying daily then I started working here for a room for me and my family. I do not get paid I stay here for no cost i work 7 days a week. the manager has been messaging me making me feel kind of uncomfortable chose to ignore it... View More

James L. Arrasmith
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answered on Oct 15, 2023

I'm deeply concerned about your situation. Based on what you've described, it seems you may be facing potential labor and housing violations, as well as potential harassment. It is crucial to document all interactions, messages, and any incidents with the manager. The Fair Labor Standards... View More

1 Answer | Asked in Employment Law and Employment Discrimination for Georgia on
Q: Do i qualify for FMLA when used to bond with a newborn

My wife and I just had our 3 month old newborn. I wanted to take 12 weeks FMLA to bond with my child but my employer's HR is saying I'm not qualified to use FMLA and I would have to take personal leave instead and FMLA only for those who need to care for someone who is sick. I read the... View More

John Michael Frick
John Michael Frick
answered on Jun 21, 2023

Both mothers and fathers are entitled to 12-weeks unpaid FMLA leave within twelve months of the birth of a newborn, but your employer may require you to take accrued paid sick leave, personal time, or vacation days provided by the employer which will run concurrently with unpaid FMLA leave.... View More

1 Answer | Asked in Criminal Law, Employment Law and Employment Discrimination for Georgia on
Q: If asked on an application, Is it against the law to lie about PENDING felony charges?Not convictions, but only charged

I have 3 pending felony charges. One from 2020 and two from 2022. One count of fleeing or attempting to elude law enforcement (2020). Two counts of sexual exploitation of a minor (2022). I am currently in school for my cdl. Many of the truck driving applications I have filled out are asking if I... View More

Glenn T. Stern
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answered on May 10, 2023

I don't know that it's necessarily illegal to lie on a job application, as they are not legal documents, but I would expect most truck companies would want to run a background check on you before they actually hire you--regardless of how you answer that question. If that's the... View More

Q: On an appeals call with the department of labor regarding my unemployment eligibility I was discriminated against. Help

I was forced to take the call off of speaker phone because the examiner didn't like the sound of rustling paperwork. Despite my having requested in writing prior to the hearing that any accomodations be made to assist my hearing impaired conditions. She hung up on me and I haven't heard... View More

N'kia (NLN)
N'kia (NLN)
answered on Apr 2, 2023

The attorneys answering questions here don't receive information about the people submitting them, because the Q&A forum isn't really intended to be a referral platform. If you're seeking an attorney to take your case, and not just to answer your questions, you will likely have... View More

1 Answer | Asked in Civil Rights, Employment Discrimination and Employment Law for Georgia on
Q: Will an attorney represent me on a employer discrimination case for free up front?
N'kia (NLN)
N'kia (NLN)
answered on Apr 2, 2023

It seems you're asking about a "contingency fee" arrangement, meaning what the attorney gets paid is "contingent" upon what you get paid. Contingency fees are very common in personal injury cases, but less common in other types of cases. However, you absolutely might be... View More

Q: I’m facing some human rights issues

By certain parties in law in lieu

James L. Arrasmith
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answered on Sep 29, 2024

If you are facing human rights issues, it's important to first gather any evidence or documentation related to the situation. Keep a detailed record of events, including dates, times, and any communications or interactions that might help your case. This information can be crucial in any legal... 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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Q: Can a employer fire you for a medical condition/ & for having FMLA for a disabled child

Employed 12+yrs,FMLA for my disabled child/I self have a medical condition can’t lift over 50lbs Because I refused to go work in a different dept. that wasn’t my job description or duty it required me to lift over 50lbs I was fired.Manager was angry because I called HR corporate because of my... View More

James L. Arrasmith
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answered on Mar 2, 2023

It is illegal for an employer to discriminate against an employee on the basis of a medical condition or the need to take FMLA leave. If you were fired because of your medical condition or because you exercised your FMLA rights, you may have a legal claim for wrongful termination. It is recommended... View More

1 Answer | Asked in Employment Discrimination and Employment Law for Georgia on
Q: I will like to know how to seek legal representation about a situation I recently had regarding wrongful termination

I will like to know how to seek legal representation about a situation I recently had regarding wrongful termination by retaliation. I made a complaint to my manager regarding the passive-aggressive behavior and possible discrimination of a QA lead. Unfortunately, the very next day, I was... View More

Randy Bryan Ligh
Randy Bryan Ligh
answered on Jan 11, 2023

Use the Justia Find a Lawyer tab and search for employment and/or labor law attorneys in your area---call a few for a consultation and then proceed accordingly. Some of the lawyers will charge you for a consult and others may not so I would find that out when you first contact them. Good luck.

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... View 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... View 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... View 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... View 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... View 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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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... View More

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