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Georgia Employment Law Questions & Answers
1 Answer | Asked in Criminal Law, Education Law and Employment Law for Georgia on
Q: As a teacher w/ restricted criminal record, what shows on my fingerprint & criminal background check to school system?

Last summer (2019), I hired an expungement lawyer to have my criminal record restricted. I was eligible for record restriction as the charges from my 2015 arrest were dismissed. I am a new hire to the school district and am concerned about what shows up on me after my fingerprinting and my criminal... Read more »

David Edward Boyle
David Edward Boyle answered on Jun 5, 2020

If you want to know what has been revealed you should run a copy of your own criminal history with a law enforcement agency for employment purposes and see what shows up. Often times there are errors when the records are input into the system.

1 Answer | Asked in Employment Law for Georgia on
Q: My job has told me I have to come back, and stopped my unemployment. I have severe asthma and allergies

I have the dr note saying I'm high risk. Job said I can go on unpaid leave. I told them shelter in place was through june 12th, they basically said I was a liar.

Kyle Anderson
Kyle Anderson answered on May 28, 2020

Hi, you can request a reasonable accommodation for your severe asthma in light of the risks associated with covid-19. You and the employer will need to engage in an interactive process to determine a reasonable accommodation that won't pose an undue hardship on the business. If unpaid leave or... Read more »

1 Answer | Asked in Health Care Law, Insurance Bad Faith, Insurance Defense and Employment Law for Georgia on
Q: I was let go 1 month after my transplant was approved through our insurance. Do I have a case?
Tim Akpinar
Tim Akpinar answered on May 17, 2020

It's difficult to say, based on these facts alone. It could depend on the provisions of the health care plan, whether you were working under a contract that addressed such benefits, whether Georgia law provides for options for employees to continue their health care coverage, and other... Read more »

1 Answer | Asked in Employment Discrimination and Employment Law for Georgia on
Q: Georgia wrongful termination FMLA and unemployment

My daughter was (I believe) wrongly terminated by her employer on 4/6/20. She was on FMLA the previous week &non-verbal for mental health reasons & her employer was duly informed of her FMLA week leave. They sent her an email after that requiring her to call in everyday which she... Read more »

Mitchell Feldman
Mitchell Feldman answered on May 4, 2020

If she was approved for FMLA as indicated, she would have a good claim for FMLA interference with rights, and potentially a retaliation claim. Based upon these facts, it is a claim worth obtaining legal representation. You can contact me or anyone else who handles employment claims, and some will... Read more »

1 Answer | Asked in Employment Law, Civil Litigation and Civil Rights for Georgia on
Q: My job fired me because the mask broke that they provided me and they didn't have anymore in the building.
Priscilla T. Upshaw
Priscilla T. Upshaw answered on May 1, 2020

Your circumstances are unfortunate, however more information is needed before an accurate answer can be provided. It is best to contact an attorney who can discuss and assess the details of your case.

We are glad to assist you. Contact us whenever you are ready.

I will you well....
Read more »

Q: I need to talk to a lawyer about unlawful termination from Emory Johns Creek medical in 2019 over Getting terminated

Yeah they stated that I was abusing substances and diverting medications yet never could show me any kind of paperwork or proof and there’s tons of safeguards so I know that there’s not anything that they had against me one because I didn’t do it and two they reported me to the board of... Read more »

Tim Akpinar
Tim Akpinar answered on Apr 25, 2020

At this point, you might be better off reaching out to attorneys to discuss your matter instead of waiting further for a reply. You're looking for an attorney and this isn't really a referral service; it's only a Q & A Board. You could use the tab above (Find-a-Lawyer for the... Read more »

1 Answer | Asked in Employment Discrimination and Employment Law for Georgia on
Q: My wife is pregnant, her employer a dental company told her she cannot work due to her being pregnant. Is this allowed?

My wife was told due to her higher risk of coronavirus being pregnant she needs to stay Home from 3/23/20-4/6/20. This will be unpaid unless she uses vacation time. Other employees are still allowed to work during this time who are not pregnant. Is this discrimination?

Greg Mansell
Greg Mansell answered on Mar 18, 2020

This is discrimination. If she is capable of working medically, then her pregnancy cannot be a reason to put her on unpaid leave. That is discrimination based on her pregnancy. You should contact an employment lawyer in Georgia to discuss your options.

1 Answer | Asked in Employment Law for Georgia on
Q: What can I do about an employer not paying employees?
Greg Mansell
Greg Mansell answered on Mar 18, 2020

If your employer is not responding to questions about your pay, you should reach out to an employment lawyer in your state. There are federal and state laws that require payment of minimum wages and payment to employees within a certain amount of time.

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... 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... 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... 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... 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... 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... 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,...
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...
Read more »

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...
Read more »

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