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Georgia Employment Law Questions & Answers
1 Answer | Asked in Employment Law and Employment Discrimination for Georgia on
Q: Do i qualify for FMLA when used to bond with a newborn

My wife and I just had our 3 month old newborn. I wanted to take 12 weeks FMLA to bond with my child but my employer's HR is saying I'm not qualified to use FMLA and I would have to take personal leave instead and FMLA only for those who need to care for someone who is sick. I read the... View More

John Michael Frick
John Michael Frick
answered on Jun 21, 2023

Both mothers and fathers are entitled to 12-weeks unpaid FMLA leave within twelve months of the birth of a newborn, but your employer may require you to take accrued paid sick leave, personal time, or vacation days provided by the employer which will run concurrently with unpaid FMLA leave.... View More

1 Answer | Asked in Criminal Law, Employment Law and Employment Discrimination for Georgia on
Q: If asked on an application, Is it against the law to lie about PENDING felony charges?Not convictions, but only charged

I have 3 pending felony charges. One from 2020 and two from 2022. One count of fleeing or attempting to elude law enforcement (2020). Two counts of sexual exploitation of a minor (2022). I am currently in school for my cdl. Many of the truck driving applications I have filled out are asking if I... View More

Glenn T. Stern
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answered on May 10, 2023

I don't know that it's necessarily illegal to lie on a job application, as they are not legal documents, but I would expect most truck companies would want to run a background check on you before they actually hire you--regardless of how you answer that question. If that's the... View More

1 Answer | Asked in Education Law and Employment Law for Georgia on
Q: Principal has pulled audio from library surveillance camera to support discipline actions against employees for venting

In our library after school, there was a venting conversation about things going on in our school and the frustration that another group of people will be resigning. This was wrong. I know that. This was on a day where the space was closed. Just providing background information.

The next... View More

Todd B. Kotler
Todd B. Kotler
answered on May 6, 2023

While i'm not a Georgia attorney, this sounds like an employment issue rather than an education issue. You should contact your union, you should also review your employment contract or collective bargaining agreement to see whether or not you have already consented to recording through your... View More

Q: On an appeals call with the department of labor regarding my unemployment eligibility I was discriminated against. Help

I was forced to take the call off of speaker phone because the examiner didn't like the sound of rustling paperwork. Despite my having requested in writing prior to the hearing that any accomodations be made to assist my hearing impaired conditions. She hung up on me and I haven't heard... View More

N'kia (NLN)
N'kia (NLN)
answered on Apr 2, 2023

The attorneys answering questions here don't receive information about the people submitting them, because the Q&A forum isn't really intended to be a referral platform. If you're seeking an attorney to take your case, and not just to answer your questions, you will likely have... View More

1 Answer | Asked in Civil Rights, Employment Discrimination and Employment Law for Georgia on
Q: Will an attorney represent me on a employer discrimination case for free up front?
N'kia (NLN)
N'kia (NLN)
answered on Apr 2, 2023

It seems you're asking about a "contingency fee" arrangement, meaning what the attorney gets paid is "contingent" upon what you get paid. Contingency fees are very common in personal injury cases, but less common in other types of cases. However, you absolutely might be... View More

1 Answer | Asked in Personal Injury, Libel & Slander and Employment Law for Georgia on
Q: can I sue the company for emotional distress while pregnant, work trauma, and punitive damages?

My job fired me back in 2021 because they were doing some unethical things and I stated that I would go to corporate again and get them involved for them to investigate then I get fired 24hrs later due to the hr generalist and my supervisor lied and said I was being insubordinate and I have no... View More

Tim Akpinar
Tim Akpinar
answered on Feb 20, 2023

A Georgia attorney could advise best, but your question remains open for three weeks. I'm sorry for your ordeal and its impact on your health. At this point, one option is to try to arrange a free initial consult with a Georgia employment attorney. Although this is posted under Personal Injury... View More

1 Answer | Asked in Employment Law for Georgia on
Q: How do I go about getting some terms clarified in a separation agreement from my previous employer? I was recently fired

There are terms in the agreement that are vague. For future employment, terms like affiliates and related entities in the future concern me. My previous employer is a company that takes referrals from other doctors. I'm concerned that if I sign it, I won't be able to find another job in... View More

Rhiannon Herbert
Rhiannon Herbert
answered on Jan 31, 2023

If you have questions or concerns about signing the agreement you've been given, then you should contact a Georgia employment attorney to review your contract and discuss the circumstances of your separation. It's important to understand your rights and responsibilities prior to deciding... View More

1 Answer | Asked in Employment Law for Georgia on
Q: salaried member of management told our staff we weren’t allowed to discuss pay, if caught we could be in trouble

Work in State of Georgia at Walmart

Damon Miller
Damon Miller
answered on Nov 15, 2022

The National Labor Relations Act (NLRA) protects the right of employees to discuss wages with one another. See the following:... View More

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 Constitutional Law, Employment Law and Libel & Slander for Georgia on
Q: What should you do if your employment was terminated based on libelous statements?
Mitchell Feldman
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Mitchell Feldman
answered on Jul 23, 2023

It’s hard to answer this question when I don’t really understand the facts of what you mean. Employer can fire employee unless they have an employment contract for any reason whatsoever but anytime they want to. This would be in the private sector. An employee in the public sector would have... View More

1 Answer | Asked in Consumer Law, Contracts, Employment Law and Workers' Compensation for Georgia on
Q: I currently have a 501c and want to add a LLC to it. What do I have to do?
Glenn M. Lyon
Glenn M. Lyon
answered on Apr 13, 2023

It depends on what you mean by "add the LLC." In many instances, having a non-profit own a for-profit entity is a bad idea and can lead to the non-profit losing its tax exempt status. Discuss with an attorney who deals with non-profits.

1 Answer | Asked in Contracts and Employment Law for Georgia on
Q: If a non-compete prohibits working for a client for 2 years, does it cover working as an independent contractor for one?

Georgia law applies; contract work involves helping the client finish writing documentation regarding the former employers software.

Glenn M. Lyon
Glenn M. Lyon
answered on Mar 23, 2023

It depends on the terms of the agreement. Most non-competes include competing as an employee and as a contractor, and in any other capacity.

1 Answer | Asked in Employment Law, Appeals / Appellate Law, Business Law and Civil Litigation for Georgia on
Q: I get the Code Section but cannot open the links that would provide the cases interpreting the code section?
Michael W. Horst
Michael W. Horst
answered on Mar 21, 2023

The best places to find case law is via Google Scholar. It is free. All you need to copy/paste is the case cit. Here is the link:

https://scholar.google.com/scholar?hl=en&as_sdt=4,11

Q: Can a employer fire you for a medical condition/ & for having FMLA for a disabled child

Employed 12+yrs,FMLA for my disabled child/I self have a medical condition can’t lift over 50lbs Because I refused to go work in a different dept. that wasn’t my job description or duty it required me to lift over 50lbs I was fired.Manager was angry because I called HR corporate because of my... View More

James L. Arrasmith
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answered on Mar 2, 2023

It is illegal for an employer to discriminate against an employee on the basis of a medical condition or the need to take FMLA leave. If you were fired because of your medical condition or because you exercised your FMLA rights, you may have a legal claim for wrongful termination. It is recommended... View More

1 Answer | Asked in Employment Law for Georgia on
Q: Is an employer liable for damages to employees' vehicles in company parking lot after a tornado?

Would the employee have to claim damages on their own insurance even if the company's building has suffered damage as well?

Michael D. Birchmore
Michael D. Birchmore
answered on Jan 12, 2023

For the employer to be responsible for such damage, there would need to be intent and/or wanton carelessness on the part of the employer for liability to attach to it. Surely you are not suggesting the employer was somehow responsible for the toronado - - are you?!

1 Answer | Asked in Employment Discrimination and Employment Law for Georgia on
Q: I will like to know how to seek legal representation about a situation I recently had regarding wrongful termination

I will like to know how to seek legal representation about a situation I recently had regarding wrongful termination by retaliation. I made a complaint to my manager regarding the passive-aggressive behavior and possible discrimination of a QA lead. Unfortunately, the very next day, I was... View More

Randy Bryan Ligh
Randy Bryan Ligh
answered on Jan 11, 2023

Use the Justia Find a Lawyer tab and search for employment and/or labor law attorneys in your area---call a few for a consultation and then proceed accordingly. Some of the lawyers will charge you for a consult and others may not so I would find that out when you first contact them. Good luck.

2 Answers | Asked in Employment Law and Immigration Law for Georgia on
Q: Changing jobs after green card based on employment received

I have got my employment based green card a month back however now my current employer isn’t focused on my promotion and compensation change. I have come across a great opportunity and want to switch jobs, wanted to know is there anyway current employer can cause issues with my green card for... View More

Adan Vega
Adan Vega
answered on Oct 14, 2022

Once your permanent resident status was approved by USCIS you are expected to work in the sponsored position for a reasonable period of time.

The law does not set a specific amount of time that you must remain with the sponsoring employer.

I highly recommend that you should visit...
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1 Answer | Asked in Employment Law and Employment Discrimination for Georgia on
Q: I got fired cuz I had a Dr's note not to work
Kimberly N. Martin
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Kimberly N. Martin
answered on Sep 7, 2022

I'm sorry that you were terminated for turning in a doctor's note. Under the American's with Disabilities Act, an employer cannot terminate an employee on the basis of a disability or because they perceive the employee as having a disability. If an employee has a disability under... View More

1 Answer | Asked in Business Law, Employment Discrimination and Employment Law for Georgia on
Q: Can I sue someone for not paying me even if we didn’t have a contract?

I went on tour with a rapper and I was the driver and the rapper said he was going to pay me but we didn’t sign a contract or anything. And now that the tour is over he has ghosted me.

Glenn M. Lyon
Glenn M. Lyon
answered on Sep 6, 2022

Yes.

1 Answer | Asked in Employment Law, Personal Injury and Civil Rights for Georgia on
Q: I actually need several attorneys I've been hit by a pickup truck while walking

I also need an attorney to help me get my wages for working at a company in Hiram Georgia

Tim Akpinar
Tim Akpinar
answered on Sep 1, 2022

A Georgia attorney could advise best, but your question remains open for three weeks. It isn't clear if the accident involving the pickup truck is related to your claim for wages from the company in Hiram. In other words, if you lost wages as a result of getting injured, a single attorney... View More

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