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Georgia Employment Law Questions & Answers
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.

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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...
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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... 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... 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... 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...
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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.

1 Answer | Asked in Employment Law, Workers' Compensation and Business Formation for Georgia on
Q: Workplace bullying.. what do I do?

Okay. So my boss cussed me out yesterday and sent me home and gave me two days off. The “reason” for this is because I cleaned a room, as I am a housekeeper and the vacuum that was provided by the job wasn’t working. I stated this to my boss. Upon inspecting my room, she started yelling at me... Read more »

Mitchell Feldman
Mitchell Feldman answered on Jan 15, 2019

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... Read more »

1 Answer | Asked in Employment Discrimination and Employment Law for Georgia on
Q: What can I do if my former employer doesn’t pay me my full paycheck that I earned?

He docked pay saying I took it from the register, but took more than the amount he said. He also already docked the previous paycheck the mentioned amount.

Mitchell Feldman
Mitchell Feldman answered on Nov 23, 2018

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

1 Answer | Asked in Employment Law for Georgia on
Q: Employer forgot to process change in direct deposit, deposit went to wrong (negative) account, won’t reverse. Can I sue?

Can I sue in small claims court? I sent the form 2 1/2 weeks in advance but the individual forgot to submit the form for processing. The direct deposit went to the wrong account which was negative and I didn’t receive any of the funds. They are saying they can’t reverse a deposit out of a... Read more »

Mitchell Feldman
Mitchell Feldman answered on Nov 14, 2018

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... Read more »

1 Answer | Asked in Contracts and Employment Law for Georgia on
Q: Is my employer obligated to provide me a copy of my signed/executed employment agreement?

My employer and I conducted contract negotiations remotely using electronic copies. When I received the hard copies, I made some final minor 'strike-through and replace text' modifications to them, intitialed the changes, signed the documents, and returned the hard copies by mail. I never... Read more »

Mitchell Feldman
Mitchell Feldman answered on Oct 25, 2018

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... Read more »

1 Answer | Asked in Employment Law, Civil Rights, Employment Discrimination and Libel & Slander for Georgia on
Q: Is it Defamation of character & discrimination,if your supervisor tells you you're suspicious of theft?

Although nothing has been stolen ,they are insinuating that I am a thief...of course I am black with dreadlocks & have been labeled far too much in my life the same way,& I'm sick of it I'm 45 yrs old,when does this Idiocracy stop? ...I believe this is racially rooted &... Read more »

Tim Akpinar
Tim Akpinar answered on Oct 24, 2018

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... Read more »

1 Answer | Asked in Employment Law and Social Security for Georgia on
Q: Hi, is it against the law to use someone else's SS# to obtain work? Even is that other person CONSENTS to using his SS#?

I'm concerned this would fall under "Identity Theft," since that person would "knowingly" be using another person's SS#. Thank you.

Tim Akpinar
Tim Akpinar answered on Oct 19, 2018

Yes, it is. Don’t do it.

Tim Akpinar

2 Answers | Asked in Divorce, Employment Law and Collections for Georgia on
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
Homer P Jordan IV answered on Oct 4, 2018

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

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1 Answer | Asked in Business Law, Employment Law and Contracts for Georgia on
Q: How can I confirm that every contract entered into between a previous employer and I is no longer in effect?

I am Georgia. In 2016 I joined a company, Exide, with a humongous amount of stuff that I signed during the hiring process. I quit in January 2017, but now I am concerned that there is still some legal arrangement between that firm and I. I do not have a copy of the stuff that I signed, but I am... Read more »

Nicole Theodore
Nicole Theodore answered on Sep 27, 2018

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... Read more »

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