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Georgia Employment Law Questions & Answers
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 didn't provide two... 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 delayed for... Read more »

1 Answer | Asked in Employment Law, Personal Injury and Workers' Compensation for Georgia on
Q: What is the time frame for work comp adjuster to request independent medical examination to be done after the injury

Work comp doctors treatment with what approved, no benefits,

T. Andrew Miller
T. Andrew Miller answered on Jan 9, 2020

There’s no deadline for the adjuster to schedule an IME. Speak with a workers comp lawyer ASAP to fully understand your rights and responsibilities.

1 Answer | Asked in Employment Law for Georgia on
Q: While on paid suspension from work,I did not get paid for the days I didn't work and was also fired without notice
Dawn Louise Richards
Dawn Louise Richards answered on Jan 6, 2020

Unfortunately, Georgia is an "at will" state which means that you can be terminated with or without notice, for cause or without cause. Unless you are covered by an employment agreement an employer may terminate your employment without notice, assuming that you have not been terminated for an... Read more »

1 Answer | Asked in Contracts and Employment Law for Georgia on
Q: Insurance agent in Georgia. Leaving company to go to broker. VP tells me I have 2 yr non compete. What can I do?

No idea what the details are for non compete in contract. I don't have a copy. I was given paperwork and told sign "the highlighted sections". I won't be able to better myself staying here. I am charged for lapses on policies that existed before I was employed. Those effect my pay weekly. I gave 2... Read more »

Priscilla T. Upshaw
Priscilla T. Upshaw answered on Dec 2, 2019

It is in your best interest to contact an attorney as soon as possible to discuss the specifics of your case and provide you a more tailored response. Non compete clauses are standard in most sales positions, however they must be reasonable. Determining "reasonableness" is not always cut and dry... Read more »

2 Answers | Asked in Employment Law for Georgia on
Q: Is a job allowed to deny an employee the ability to work from home when the employee is undergoing chemotherapy?

The employee has been with the company for 2.5 years, its an outbound call center job. The reason for working at home is because the doctor requires the person to recover for at least 3-5 days. The job is denying me this, I have FMLA already but this is shorting my pay when the person may need to... Read more »

Mitchell Feldman
Mitchell Feldman answered on Nov 22, 2019

Arguably you are suffering from a disability with a cancer diagnosis. So then your employer should engage you in a discussion and interactive process in attempting to accommodate the work restriction. If they have a legitimate business reason why you cannot work from home, then they don't have to... Read more »

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1 Answer | Asked in Employment Law and Education Law for Georgia on
Q: I teach K-5 music in GLynn Co. GA, teach reading in my planning time & begin early for traffic duty. Extended day pay?

I have been assigned morning and afternoon traffic duty at the same K-5 school for 10 years. I teach a school chorus afterschool one day per week. This year, under a new principal, my planning period was taken away and I am assigned to teach reading during my preparation time, told to do planning... Read more »

Priscilla T. Upshaw
Priscilla T. Upshaw answered on Nov 20, 2019

Without details about your school district's policy, as written in your employment contract, it is difficult to provide you with an accurate answer. It will be best to consult an attorney who can examine the facts of your case to determine your best course of action.

We wish you well, and...
Read more »

1 Answer | Asked in Employment Law and Criminal Law for Georgia on
Q: If I was scammed into thinking I wad hired by an employer and I was mailed a check in my name and was told it was for pa

Payment and I have all the emails and documents that I wad sent from the scamming business can I be convicted of a felony for cashing it.

Priscilla T. Upshaw
Priscilla T. Upshaw answered on Nov 19, 2019

There are more details needed in order to provide you with an answer. It is best to contact an attorney as soon as possible. There are certainly defenses available, but you would need to meet certain requirements under the law.

We are glad to assist you. Contact us today.

-The...
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1 Answer | Asked in Employment Discrimination and Employment Law for Georgia on
Q: Can i record a phone call between me and my employer in order to present it in court? Is it legal without his consent?

During my shift a coworker hit me in the head with a bottle and ambulance was called. I called my employer and he said that if I press charges against the coworker, he is going to fire me. I recorded the phone call

Paula J. Mcgill
Paula J. Mcgill answered on Oct 27, 2019

Legally, at least, if both of you were in Georgia or a state that requires only one party consent, the tape recording is legal.

However, if your employer prohibits tape recording on the company's property, you can win the battle, but still lose your job. Check your employee handbook.

2 Answers | Asked in Bankruptcy, Contracts, Criminal Law and Employment Law for Georgia on
Q: What limitations follow certain charges? What is a contributing factor in background check limitations?

This is my only offense; therefore, what will my limitations amount to after a background check?

Timothy Denison
Timothy Denison answered on Oct 26, 2019

There are no limitations.

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1 Answer | Asked in Consumer Law, Employment Law and Products Liability for Georgia on
Q: I was denied a job for taking CBD for my lupus. It was not labeled as having any THC. It did, and I failed my drug test.

Can I do anything about the employer or seller?

Ken Shigley
Ken Shigley answered on Sep 26, 2019

There are not enough facts here.

Re: the seller or manufacturer, determine whether they included warnings about the product potentially causing one to fail a drug test designed to detect marijuana, etc. If so, it's probably on you.

Re: the employer, this is a developing area of law...
Read more »

1 Answer | Asked in Employment Discrimination and Employment Law for Georgia on
Q: I work as a resident manager, received text from tenant by mistake, tried calling my boss & texted her.

Joanna said she has a bug!!! She is in the bed under cover!!! Don't 'recon somebody told her 'bout tomorrow do you??? This is the text I received.

This is what I asked my boss

This was just sent to me,what's going on? Her reply (Yes which is fine I don't have time tomorrow I will... Read more »

Stephen Arnold Black
Stephen Arnold Black answered on Aug 9, 2019

Your question makes no sense. Rewrite it and send again.

1 Answer | Asked in Criminal Law, Employment Law, Civil Rights and Gov & Administrative Law for Georgia on
Q: Are there laws in place for how someone should be treated, during the jail booking process? Such as meals, shower.

My mother was arrested and kept in holding cells for 3 days only to receive 2 sandwiches, no blanket or sheet, and denied the chance to shower while soiled due to disability. She was also being made fun of and taunted being called stinky by the jail employee. She was given the chance to make a... Read more »

Ecleynne Mercy
Ecleynne Mercy answered on Jul 1, 2019

The 8th amendment offers protection to ensure your basic human rights are protected if you go to jail or prison. Government facilities in Georgia have certain immunities from lawsuits that private facilities do not. In many circumstances, however, Federal and state “Torts Claims Acts” allow... Read more »

1 Answer | Asked in Consumer Law, Employment Law, Tax Law and Business Law for Georgia on
Q: Registration fees are given to IC. Event changes location & time, IC resigns, does money go to new IC or registers.

Am an IC for a large company. One of my jobs is to collect registration fees. The place where the event is meeting and the date has changed due to some legal issues. I am terminated my contract with the company. The people who have paid the registration fees want their money back, and I would like... Read more »

Bruce Alexander Minnick
Bruce Alexander Minnick answered on May 10, 2019

This is simple: If the checks were payable to you personally you can do (just about) whatever you want with them; and my advice on that point is to return the checks to whoever gave them to you, and document it very well.

1 Answer | Asked in Business Law, Contracts and Employment Law for Georgia on
Q: Can an independent contractor file a suit against a company for pay/ charges or do I need to be an employee to do so?

The company Truck Movers has deceptive business practices toward contractors. Changing pay rates after negotiating on a set price & charging us for items that they bill the customer for...Double dipping. Also, the customers have no idea about damages created by the actual company employees before... Read more »

Bruce Alexander Minnick
Bruce Alexander Minnick answered on May 8, 2019

Sure; in America anyone can sue anybody for anything at any time (even without a lawyer in small claims court). Winning the lawsuit is another matter. If you decide to sue you should be prepared to pay between $100 and $400 for the filing fee and then pay another hundred bucks or so for service of... Read more »

1 Answer | Asked in Employment Law, Personal Injury, Civil Rights and Federal Crimes for Georgia on
Q: In Georgia , is it possible to use a recorded conversation with a crime victim suspect on a phone.

I have a witness who has been working with local police and the owner of a commerical business that failed to provide adequate security. IE for an assaulted employee.

Full confession of the intent to make the case become " IGNORED BY THE OWNER LAW ENFORCEMENT BRIBES."

I have been... Read more »

Ecleynne Mercy
Ecleynne Mercy answered on May 2, 2019

Although a statute prohibits the recording or taping of private telephone conversations, it does not prohibit a party to the conversation from recording it. O.C.G.A. §§ 16-11-62, 16-11-66(a).

Which means if you are a part of the conversation, you can record it. But if you just recording...
Read more »

1 Answer | Asked in Employment Law for Georgia on
Q: I recently fired an employee and she keeps coming by the shop and harassing the other employees. What do I file

What do I file to keep her away from the property?

Mitchell Feldman
Mitchell Feldman answered on Mar 8, 2019

Complaint with law enforcement for trespassing if you warned and will not comply unless it’s a public facility

1 Answer | Asked in Employment Law, Personal Injury and Wrongful Death for Georgia on
Q: Are employers required to report deaths of employees to work comp or OSHA?

My healthy 42 yo husband died at work while in the restroom. Death certificate states: cause and manner of death are undetermined. All toxicology and other testing negative. I have no idea what happened to him at work... I was never informed that I or my daughter could be entitled to work comp... Read more »

Peter N. Munsing
Peter N. Munsing answered on Feb 4, 2019

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.

1 Answer | Asked in Employment Law and Federal Crimes for Georgia on
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
Mitchell Feldman answered on Jan 22, 2019

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.

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