Georgia Employment Law Questions & Answers
Q: I recently fired an employee and she keeps coming by the shop and harassing the other employees. What do I file
Mitchell Feldman's answer
Complaint with law enforcement for trespassing if you warned and will not comply unless it’s a public facility
Complaint with law enforcement for trespassing if you warned and will not comply unless it’s a public facility
Q: Are employers required to report deaths of employees to work comp or OSHA?
1 Answer
| Asked
in
Employment Law, Personal Injury and Wrongful Death
for
Georgia
on
Answered on Feb 4, 2019
Answered on Feb 4, 2019
Peter N. Munsing's answer
Your estate lawyer should have suggested to you that you had that right. Likely it's passed, but why not contact a member of the Ga Trial Lawyers Assn in your county--they give free consults. Look for one that handles workers compensation.
Your estate lawyer should have suggested to you that you had that right. Likely it's passed, but why not contact a member of the Ga Trial Lawyers Assn in your county--they give free consults. Look for one that handles workers compensation.
Q: After 4yrs of emply + w/out warning, I was told to resign or b/fired. I also believe there might be reverse discrimation
Mitchell Feldman's answer
Not enough facts here to provide any basis to believe there is anything unlawful about your termination. As to reverse discrimination, if that's your belief, then you should discuss the facts and information with an attorney and seek legal advice.
Not enough facts here to provide any basis to believe there is anything unlawful about your termination. As to reverse discrimination, if that's your belief, then you should discuss the facts and information with an attorney and seek legal advice.
Q: Workplace bullying.. what do I do?
1 Answer
| Asked
in
Employment Law, Workers' Compensation and Business Formation
for
Georgia
on
Answered on Jan 15, 2019
Answered on Jan 15, 2019
Mitchell Feldman's answer
Unfortunately there’s no anti-bullying law. There’s no law that says your employer has to be nice with you and there’s no law that says being mean and nasty is actionable. However when there are specific violations of the minimum-wage or overtime laws changing an editing cards and there’s a complaint there are anti-retaliation sections of both the Florida minimum wage act in the federal wage law the fair labor standards act as well as coverage under the Florida whistleblower act...
Unfortunately there’s no anti-bullying law. There’s no law that says your employer has to be nice with you and there’s no law that says being mean and nasty is actionable. However when there are specific violations of the minimum-wage or overtime laws changing an editing cards and there’s a complaint there are anti-retaliation sections of both the Florida minimum wage act in the federal wage law the fair labor standards act as well as coverage under the Florida whistleblower act...
Q: What can I do if my former employer doesn’t pay me my full paycheck that I earned?
1 Answer
| Asked
in
Employment Discrimination and Employment Law
for
Georgia
on
Answered on Nov 23, 2018
Answered on Nov 23, 2018
Mitchell Feldman's answer
You are owed for the wages earned and you can request payment of seek to hire a lawyer to get the wages for you. Give a demand for pay and if not seek advice of counsel
You are owed for the wages earned and you can request payment of seek to hire a lawyer to get the wages for you. Give a demand for pay and if not seek advice of counsel
Q: Employer forgot to process change in direct deposit, deposit went to wrong (negative) account, won’t reverse. Can I sue?
Mitchell Feldman's answer
As long as your employer paid you and the funds were delivered, I don't see a cause of action to "sue". You need to be paid for your work. If I understand, you had a negative balance account, and the back took the funds and applied to the balance owed. Thus, you have received the funds. IF you did not receive the funds, then you have not been paid and have a right to pursue recovery of the wages.
As long as your employer paid you and the funds were delivered, I don't see a cause of action to "sue". You need to be paid for your work. If I understand, you had a negative balance account, and the back took the funds and applied to the balance owed. Thus, you have received the funds. IF you did not receive the funds, then you have not been paid and have a right to pursue recovery of the wages.
Q: Is my employer obligated to provide me a copy of my signed/executed employment agreement?
Mitchell Feldman's answer
You are a party to the agreement. I suppose your could file some legal action to obtain a copy, and refusal may be itself a breach of the agreement. However, if you are no longer there, they may be reluctant and have agenda as to why they will not release is, and I've seen this in many cases. Hopefully you have a copy of what you executed, and as long as you performed according to those terms, the agreement may still be enforceable. Either case, I suggest you hire and retain counsel to...
You are a party to the agreement. I suppose your could file some legal action to obtain a copy, and refusal may be itself a breach of the agreement. However, if you are no longer there, they may be reluctant and have agenda as to why they will not release is, and I've seen this in many cases. Hopefully you have a copy of what you executed, and as long as you performed according to those terms, the agreement may still be enforceable. Either case, I suggest you hire and retain counsel to...
Q: Is it Defamation of character & discrimination,if your supervisor tells you you're suspicious of theft?
1 Answer
| Asked
in
Employment Law, Civil Rights, Employment Discrimination and Libel & Slander
for
Georgia
on
Answered on Oct 24, 2018
Answered on Oct 24, 2018
Timur Akpinar's answer
Defamation generally requires some form of communication to a third person (someone other than yourself). This can be in the form of spoken words, social media post, email, letter, article, etc. An employment law attorney might be able to provide more meaningful insight about some of the other issues.
Tim Akpinar
Defamation generally requires some form of communication to a third person (someone other than yourself). This can be in the form of spoken words, social media post, email, letter, article, etc. An employment law attorney might be able to provide more meaningful insight about some of the other issues.
Tim Akpinar
Q: How can I modify a contempt order from a divorce decree to increase payments? Ex husband has recently gotten a job.
Homer P Jordan IV's answer
You should consult with an attorney regarding filing for contempt and to see if you have other options as well. -Homer P. Jordan IV, Esq. 404-620-1558 HomerJordan.com
You should consult with an attorney regarding filing for contempt and to see if you have other options as well. -Homer P. Jordan IV, Esq. 404-620-1558 HomerJordan.com
Q: How can I confirm that every contract entered into between a previous employer and I is no longer in effect?
1 Answer
| Asked
in
Business Law, Employment Law and Contracts
for
Georgia
on
Answered on Sep 27, 2018
Answered on Sep 27, 2018
Nicole Theodore's answer
You should be able to simply reach out to your former employer and ask them to send you copy of your employment contract(s). Once you receive your copy, have it reviewed by a good business/employment law attorney to address if there are any lingering noncompete, non-solicitation clauses to which you may be bound contractually bound.
You should be able to simply reach out to your former employer and ask them to send you copy of your employment contract(s). Once you receive your copy, have it reviewed by a good business/employment law attorney to address if there are any lingering noncompete, non-solicitation clauses to which you may be bound contractually bound.
Q: Is there anyway to become a vet tech w/ felonies of drug possession & burglary on record from youthful indescresion?
David Edward Boyle's answer
Whether an employer will hire you is the only test. Private employers can set their own criteria for hiring.
Whether an employer will hire you is the only test. Private employers can set their own criteria for hiring.
Q: A friend of mine became sexual with a professor of hers. Will he be fired for using authority as a teacher over her?
1 Answer
| Asked
in
Criminal Law, Employment Law and Sexual Harassment
for
Georgia
on
Answered on Jul 1, 2018
Answered on Jul 1, 2018
David Edward Boyle's answer
The professor would not face any criminal charges for a consensual sexual act with a person over 16 years of age unless they are a high school teacher and the student is a student at the same school. Same rules do not apply to college aged individuals.
The professor would not face any criminal charges for a consensual sexual act with a person over 16 years of age unless they are a high school teacher and the student is a student at the same school. Same rules do not apply to college aged individuals.
Q: I was cursed of being a $100 short and got fired what should I do
2 Answers
| Asked
in
Employment Law, Family Law, Banking and Employment Discrimination
for
Georgia
on
Answered on Jun 15, 2018
Answered on Jun 15, 2018
P. Justin Thrailkill's answer
You need to schedule an appointment to speak with a local attorney to discuss this, as there is not enough information in your post to answer your question.
You need to schedule an appointment to speak with a local attorney to discuss this, as there is not enough information in your post to answer your question.
Q: I worked for one week and never filled out a W4 or an I9. Can an employer issue paycheck without?
Linda Simmons Campbell's answer
Yes. You need to provide the information. This is the only way they can properly report the taxes to the IRS.
Yes. You need to provide the information. This is the only way they can properly report the taxes to the IRS.
Q: What happens if you are released back to work on light duty but job does not have any work and your checks have stopped?
1 Answer
| Asked
in
Employment Law and Workers' Compensation
for
Georgia
on
Answered on Mar 16, 2018
Answered on Mar 16, 2018
T. Andrew Miller's answer
This part of your worker’s compensation claim can get tricky. Worker’s comp should pay benefits if your work restrictions cannot be accommodated, but that’s rarely what happens. Best to consult with a worker’s comp lawyer to fully understand your rights and responsibilities before moving forward. My office offers free consultations.
This part of your worker’s compensation claim can get tricky. Worker’s comp should pay benefits if your work restrictions cannot be accommodated, but that’s rarely what happens. Best to consult with a worker’s comp lawyer to fully understand your rights and responsibilities before moving forward. My office offers free consultations.
Q: Is it too late to sue for a on the job accident that happen in 2008?
1 Answer
| Asked
in
Employment Law, Personal Injury and Workers' Compensation
for
Georgia
on
Answered on Mar 6, 2018
Answered on Mar 6, 2018
T. Andrew Miller's answer
Maybe not. It depends on what has happened in the meantime. Best to walk through it with a workers comp lawyer to be sure. My office offers free consultations.
Maybe not. It depends on what has happened in the meantime. Best to walk through it with a workers comp lawyer to be sure. My office offers free consultations.
Q: I have been with attorney for my workman comp case April 2017. accident 2016, no weekly benefits so far, why?
1 Answer
| Asked
in
Employment Law and Workers' Compensation
for
Georgia
on
Answered on Feb 13, 2018
Answered on Feb 13, 2018
Q: WC (GA) adjuster offered settlement but want resignation? If not must rtw. Does this mean no settlement?
1 Answer
| Asked
in
Civil Litigation, Employment Law and Workers' Compensation
for
Georgia
on
Answered on Jan 25, 2018
Answered on Jan 25, 2018
Michael Richard Moebes' answer
I'm a bit confused, as there are several questions here, but they're allowed (and almost always do this) to ask you to resign if you settle the case. If you don't, yes, they can create a light duty job for you to do so you can return there to work and stop getting weekly checks from workers' comp.
I'm a bit confused, as there are several questions here, but they're allowed (and almost always do this) to ask you to resign if you settle the case. If you don't, yes, they can create a light duty job for you to do so you can return there to work and stop getting weekly checks from workers' comp.
Q: If you work in a newsroom and your News Director tells everyone if they want to leave even though are in a contract,
John W. Chambers Jr's answer
You should consult with an attorney regarding the specific facts of your situation. What you mean by a "liquidation fee" is not clear. Generally, it is possible for parties to a contract to modify or terminate the contract if they agree. An attorney would need to review the terms of your contract to answer your question.
You should consult with an attorney regarding the specific facts of your situation. What you mean by a "liquidation fee" is not clear. Generally, it is possible for parties to a contract to modify or terminate the contract if they agree. An attorney would need to review the terms of your contract to answer your question.
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