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Georgia Employment Law Questions & Answers
1 Answer | Asked in Employment Law and Civil Rights for Georgia on
Q: What to do if I was fired and it was put on my background as a misdemeanor for other jobs for which I was not charged?

It was put on my background check in order for me to obtain other jobs as a misdemeanor in which I was not charged, I was just giving a warning. Neither is it in the sheriff office system. The job that fired me put it in the system as a misdemeanor, I was not charged with anything nor went to jail... View More

James L. Arrasmith
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answered on Jun 26, 2024

This situation sounds concerning and potentially unfair. Based on the information provided, here are some steps you may want to consider:

1. Review your background check:

Obtain a copy of your background check to confirm what exactly is being reported.

2. Gather...
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1 Answer | Asked in Employment Law and Gov & Administrative Law for Georgia on
Q: Can you explain the difference between substantiated, unsubstantiated, and inconclusive?

These terms would be based on investigation dispositions.

Tim Akpinar
Tim Akpinar
answered on Jun 24, 2024

A Georgia employment attorney could advise best, but your question remains open for two weeks. In general, substantiated means supported by facts (evidence in a proceeding). Unsubstantiated means "not supported by facts. Inconclusive means you can't draw any meaningful conclusion from the... View More

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 Law for Georgia on
Q: I am a 1099 employee driving a company vehicle..is it legal for them to make me buy fuel for there vehicle

Also if this is legal can I write my gas off even though I drive there vehicle

John Michael Frick
John Michael Frick
answered on Apr 25, 2024

An independent contractor (i.e. a 1099 employee) such as yourself can enter into any agreement you want with the company that hires you. They may ask to condition your use of their vehicle on you paying for the fuel you use, and you can agree or not.

It is kind of unusual to have an...
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1 Answer | Asked in Employment Law and Tax Law for Georgia on
Q: I'm reaching out to see if anyone can assist with a tax question. I work for an employer from June 2023 until November

2023, I submitted a W-4 and W-9 form instructing my employer to withhold the maximum amount and they withheld nothing. I was unaware that no taxes were withheld. I found out when filing taxes and I owed over $7,000 to the IRS. I requested my w4 and w9s from my employer and found they were altered... View More

James L. Arrasmith
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answered on Apr 18, 2024

I understand your frustration with your former employer altering your tax forms without your consent. This is a serious issue, and you are right to consider reporting it to the IRS.

Even if your employer did not directly benefit financially from falsifying your W-4 and W-9 forms, they still...
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1 Answer | Asked in Military Law and Employment Law for Georgia on
Q: Can an employer deny a Georgia State Defense Force volunteer request for drill leave?

An employer has stated that dates for drill will only be granted if another employee (shift manager in this case) puts their names on that date wanting that day off. Since then, employees have put their names down from May to October which will cause the GSDF soldier from attending drills as... View More

James L. Arrasmith
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answered on Apr 16, 2024

In Georgia, the law provides specific protections for members of the Georgia State Defense Force (GSDF) when it comes to fulfilling their military duties, including attending drills. Under the Uniformed Services Employment and Reemployment Rights Act (USERRA), and specific state laws, employers are... View More

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 Employment Law, Immigration Law, Federal Crimes and Gov & Administrative Law for Georgia on
Q: I request your help in my query if I am eligible or not for the U visa and if yes what is the best way to proceed.

One of the lawyer here answered my question and asked to check U-Visa for my case i did some research but couldn’t find any good lawyer for my scenario-

I have a typical case with USCIS, They made a mistake on my document which caused me to struggle out of the country for more than a... View More

James L. Arrasmith
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answered on Mar 25, 2024

To determine your eligibility for the U visa, you need to understand that it's typically granted to victims of certain crimes who have suffered mental or physical abuse and are helpful to law enforcement or government officials in the investigation or prosecution of criminal activity. The... View More

1 Answer | Asked in Employment Law, Civil Rights, Constitutional Law and Criminal Law for Georgia on
Q: My manager caught on camera going into my deli three times went into my purse and phone.i still work here, Can I sue?

I went into work on a Sunday my off day to change the grease from the fryer. Went outside to get the containers to put the old grease in, come back in manager weirdly hurryingly with a weird look on his face coming out of my deli, another girl employed by us was sitting in front of my deli on a... View More

James L. Arrasmith
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answered on Feb 22, 2024

Yes, you can potentially sue your manager and employer for invasion of privacy under Georgia law. Some key points:

- Georgia recognizes invasion of privacy as a common law tort. Going through someone's personal belongings without consent constitutes invasion of privacy.

- You...
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1 Answer | Asked in Employment Law for Georgia on
Q: what's the term for I worked and can't get paid I ask I beg finally last year was paid except for November and December

currently I'm owed $24,700.00 its not immigration. I am a us citizen I'm 71 years old born in Georgia my parents and all relatives since the Mayflower

James L. Arrasmith
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answered on Feb 21, 2024

It sounds like you're dealing with a situation where you've performed work but haven't received the corresponding payment. This is commonly referred to as "unpaid wages" or "wage theft." As a U.S. citizen, you have legal rights protected by federal and state labor... View More

1 Answer | Asked in Employment Law for Georgia on
Q: I have not been paid for my work as an IC in the agreed-to time frame.

I work as an IC in legal transcription. I was working with a staffing agency who had a large client. I left this position in 12/23. The payment terms for my invoices were to be paid 30-45 days after invoice submission. I submitted my November 2023 invoice on December 2, 2024. I have yet to be... View More

Mitchell Feldman
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Mitchell Feldman
answered on Feb 17, 2024

The terms of your independent contractor agreement will dictate what the obligation is of the company to pay you. Beyond that obviously if you’re not paid money that you’re due pursuing to contractual agreement then of course you can pursue legal action. But we would need more fax to determine... View More

1 Answer | Asked in Employment Law for Georgia on
Q: I have intermittent FMLA and had to call out last minute from my job and I received a Corrective action 13 days later

I spoke out against unethical practices at the job and I feel targeted

Mitchell Feldman
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Mitchell Feldman
answered on Feb 17, 2024

That’s the whole purpose of the FMLA. The prohibits interference with your rights to have off time and so if the corrective action is related to you missing time, then it’s improper, but that one incident alone isn’t enough to make a legal claim without more but you certainly can voice your... View More

1 Answer | Asked in Employment Law and Civil Rights for Georgia on
Q: Can I be a police officer? It is my life dream to have this job and I’m just curious if this incident ruined my dreams.

Under my order of discharge, it states that this discharge may not be used to disqualify a person in any application for employment, except as provided in OCCGA 42-8-63.1

James L. Arrasmith
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answered on Feb 4, 2024

The specific language in your order of discharge, indicating that it may not be used to disqualify you from employment applications, suggests a level of protection for your future endeavors. However, the exception noted in OCGA 42-8-63.1 is critical to understand, as it details circumstances under... View More

1 Answer | Asked in Employment Law for Georgia on
Q: Employer monitoring in Georgia. Are they allowed to stare at a security camera to see what is said and write up employee

I feel as if my employer goes on security cameras in a medical office to just monitor what is going on and being said without previous complaints of harassment over months and maybe years. What is employer required to tell the employee in regards to such surveillance? What questions can I ask to... View More

James L. Arrasmith
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answered on Jan 27, 2024

In Georgia, employers generally have the right to monitor employees using security cameras, especially in common areas like offices or lobbies. However, this right is subject to certain limitations. For instance, surveillance in private areas such as restrooms or locker rooms is typically... View More

1 Answer | Asked in Education Law and Employment Law for Georgia on
Q: Can a math teacher who voluntarily transferred from one school to another school for an open math position who was force

Can a math teacher who voluntarily transferred from one school to another school for an open math position who was forced to teach a science class without their consent be subsequently forced to accept a (science instruction predicated)personal improvement plan (PIP) also known as a personal... View More

T. Augustus Claus
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answered on Jan 16, 2024

It depends on the specific details of the teacher's employment contract, school policies, and state regulations. Generally, teachers are expected to fulfill the responsibilities outlined in their contracts, but if there are significant deviations from the agreed-upon terms, it may raise legal... View More

1 Answer | Asked in Employment Law for Georgia on
Q: As an LLC is what is the protocol and legal documentation needed for a drug test?

This would be for the hiring and consent to a drug test by hired independent contractors.

T. Augustus Claus
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answered on Jan 11, 2024

When conducting drug tests for independent contractors as an LLC in Georgia, it's essential to follow legal protocols and obtain proper documentation. Firstly, ensure that your drug testing policies comply with state and federal laws. Georgia doesn't have specific laws regulating drug... View More

1 Answer | Asked in Employment Law, Civil Rights and Federal Crimes for Georgia on
Q: I was fired from myjob for making a google review for another company and I wasn't at work

I purchased a tire from raffield tire in macon ga and I did a google review on the company and the manager Dale called to my job and told my boss that I did the google review and they was not going to do any more business with them my boss called me and said that I was fired because they loss a big... View More

James L. Arrasmith
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answered on Dec 23, 2023

In Georgia, the situation you're describing raises several legal concerns. Firstly, regarding your termination, Georgia is an at-will employment state, which generally means that an employer can terminate an employee for any reason or no reason at all, as long as it's not for an illegal... View More

1 Answer | Asked in Constitutional Law, Employment Law, Consumer Law and Identity Theft for Georgia on
Q: My former employer opened a prepaid debit card in my name 3 weeks after my employment ended what can I do about it?

I asked them to close it and was told it would be closed the next day but the card is still being reloaded and used. I never received a card the whole time I was employed there and I did not authorize them to open a card in my name after my employment.

James L. Arrasmith
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answered on Dec 20, 2023

If your former employer opened a prepaid debit card in your name without your authorization, this could be a serious issue, potentially involving identity theft or fraud. First, contact the company that issued the prepaid card and inform them that the account was opened without your consent.... 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

1 Answer | Asked in Employment Law and Public Benefits for Georgia on
Q: I was let go and awarded unemployment. This was 2 years ago. Now they are appealing. I thought they only had 15 days!!

They Said if I lose I may have to pay back the unemployment.

James L. Arrasmith
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answered on Oct 22, 2023

The typical time frame for employers to appeal an unemployment determination is indeed limited, often around 15 days in many states. However, specific deadlines can vary by state and by the nature of the claim. It's essential to review Georgia's unemployment laws and regulations to... View More

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