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Georgia Employment Law Questions & Answers
1 Answer | Asked in Employment Law for Georgia on
Q: Can my employer legally make me show documentation of diagnosis after leaving the ER?
Rhiannon Herbert
Rhiannon Herbert
answered on Aug 9, 2022

More information is needed to answer this question. However, if you miss work for a medical reason, your employer is generally permitted to request documentation of your absence to substantiate that your absence was caused by the medical reason provided.

2 Answers | Asked in Employment Law and Employment Discrimination for Georgia on
Q: Can I take action against an employer when a manager guaranteed me an accommodation for a mental disability & retracted

Manager that hired me guaranteed accommodation, told me he would take care of everything and not to worry about it. Manager stepped down. New manager was aware of the situation and accommodation and upheld it for weeks and then one day retracted it because “we were busy”, costing me $150 in... View More

Carrie Dyer
Carrie Dyer
answered on Jul 20, 2022

You should follow the company's procedure for submitting a formal request for an accommodation to the company's HR department. The employer is required to review your request and engage in an interactive process with you to determine if there is an accommodation that will allow you to... View More

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2 Answers | Asked in Employment Law and Employment Discrimination for Georgia on
Q: Can I take action against an employer when a manager guaranteed me an accommodation for a mental disability & retracted

Manager that hired me guaranteed accommodation, told me he would take care of everything and not to worry about it. Manager stepped down. New manager was aware of the situation and accommodation and upheld it for weeks and then one day retracted it because “we were busy”, costing me $150 in... View More

Kimberly N. Martin
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Kimberly N. Martin
answered on Jul 20, 2022

I'm sorry this happened to you. Under the American with Disabilities Act (ADA) an employer must provide a reasonable accommodation to a disability that allows you to perform your job. This requires a discussion about what would be "reasonable" given your job, the company's... View More

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1 Answer | Asked in Criminal Law, Employment Law and Federal Crimes for Georgia on
Q: Should I have anything to worry about or that I will have to handle?

Hello, I worked as a retail associate selling cell phones. In that position there was fraud going on with associates also selling phones were doing fraud and selling it to people using other peoples names basically a scammer. Will or can I still be charged for that? I unknowingly sold him phones... View More

Joshua Schiffer
Joshua Schiffer
answered on May 22, 2022

All depends on the investigation and what turns up. You can also either sit silently OR actively participate, if you have an appetite or desire for that. If you may be criminally liable, advance cooperation can also be mitigation for when you face potential consequences. Generally I advise... View More

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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James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
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.

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 Civil Litigation, Employment Discrimination and Employment Law for Georgia on
Q: How long does one have to file a whistleblower suit against a government agency?

In the State of GA - How long does one have to file a whistleblower suit against a government agency?

Kimberly Grant
Kimberly Grant
answered on Jun 20, 2022

A whistleblower action must be brought within 6 years after the date the violation was committed.

Kim

1 Answer | Asked in Employment Law, Civil Rights and Employment Discrimination for Georgia on
Q: Do I have a legal case with this issue?

My employer promised me a raise, gave it in writing, even paid it for the first week it was active. Now my second week, he is suddenly confused about the raise and trying to essentially take it back. What legal action can I take?

Carrie Dyer
Carrie Dyer
answered on Feb 23, 2022

If you are an at-will employee, your employer can changes the terms of your pay for any reason at any time. Unless you have an employment contract guaranteeing you a certain pay rate, there no legal action you can take.

1 Answer | Asked in Employment Discrimination, Employment Law and Personal Injury for Georgia on
Q: How long after termination does a ex employee have to potentially start a lawsuit against their past employer?
Cory D. Raines
Cory D. Raines
answered on Jan 29, 2022

Your question depends on what you plan on suing your employer for. The statute of limitations provides timeframes for when a lawsuit must be filed and failure to do so during that time will result in you being unable to file a lawsuit. The following limits are outlined in the Official Code of... View More

1 Answer | Asked in Employment Law for Georgia on
Q: I was hired and signed a written job offer on 12/09/2022. What can I do to hold this company accountable for the offer?

It now has been approximately 2 months since I was told to wait until the background check is complete. I have reached out to the hiring company several times for an update. I know I have a clean background including no drugs, but they have not been cooperative as to my start date. Hopefully, you... View More

Carrie Dyer
Carrie Dyer
answered on Jan 26, 2022

A job offer letter is typically not the same as an employment contract that may guarantee you a certain start date. Unless you have an employment contract that provides for a set start date by which you will begin work and begin receiving compensation, there is nothing you can do but wait until... View More

2 Answers | Asked in Employment Law, Workers' Compensation and Employment Discrimination for Georgia on
Q: Can my employer legally pay vaccinated workers to quarantine and not pay unvaccinated?

They are requiring unvaccinated employees to use vacation / PTO & paying vaccinated employees without having to use their PTO / Vacation time. Keep in mind that the quarantine rules are the same regardless of vaccination status, 5 days for exposure and 10 days for a positive Covid test.

Rhiannon Herbert
Rhiannon Herbert
answered on Jan 12, 2022

Wage and hour laws only require your employer to pay you for time that you are working. Since employers are not required to offer pay for non-work hours, the above policy, while unfair, is permissible.

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1 Answer | Asked in Employment Discrimination and Employment Law for Georgia on
Q: Can I sue an employer for telling me FT work is available and then not schedule me or respond to my emails about work.

Handbook states company must deliver schedule a week in advance which the company has failed to due since I started. I have only worked for 2 weeks but now they didn’t schedule me nor tell me there’s no work available when I asked just that the schedule was still being created.

I turned... View More

Carrie Dyer
Carrie Dyer
answered on Oct 13, 2021

A handbook is not a contract. There is no violation of the law simply because an employer has failed to deliver work schedules in the timeframe provided in the handbook. If you think the reason you are not being scheduled is based on some other unlawful motivation, you should contact an employment... View More

1 Answer | Asked in Employment Law, Business Law and Employment Discrimination for Georgia on
Q: Can I be suspended after 1 write up

I was written up for something I did not do and i refused to sign the write up. I questioned my general manager of how I could write him up and he suspended me for a week

Cory D. Raines
Cory D. Raines
answered on Oct 12, 2021

It is recommended that you check your employee handbook and other policies that you should have been given prior to your employment. However, Georgia is known as employee-at will state, which means you can be fired for any reason or no reason at all, so long as that termination does not violate a... View More

1 Answer | Asked in Civil Litigation and Employment Law for Georgia on
Q: Does rigging a random drug test to influence the results violate federal laws?

My brother is a journeyman welder that has been self employed most of his work time. He took a regular 7 to 3.30 w2 type jobs at a concrete company here in Georgia. His supervisor in the plant he was assigned instantly disliked him. He caused several small drama filled instances for him, but his... View More

Michael D. Birchmore
Michael D. Birchmore
answered on Sep 28, 2021

It's "random" in the sense that it was conducted unannounced in advance. You did not tell us what your brother's result should have been. If he didn't refuse, he must have participated in the screen. If he participated, then what was his result?

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