Ask a Question

Get free answers to your Employment Law legal questions from lawyers in your area.

Lawyers, increase your visibility by answering questions and getting points. Answer Questions
Georgia Employment Law Questions & Answers
1 Answer | Asked in Employment Law for Georgia on
Q: Black listed and discriminated.

I feel that I getting black listed from my ex employee

Mitchell Feldman
PREMIUM
Mitchell Feldman
answered on Oct 15, 2024

The question is unclear. I assume you mean from former employer. If there is any instance of a former employer communicating false information to other persons or entities that may be actionable torts, such as slander, libel and tortuous interference. If you suffered harm financially, then you... View More

1 Answer | Asked in Criminal Law, Employment Law, Traffic Tickets and Workers' Compensation for Georgia on
Q: My husband is impotent , what do I do

We have sought medical attention

Serge Jerome Jr.
Serge Jerome Jr.
answered on Sep 30, 2024

If this is a result of a work related injury it is compensable.

1 Answer | Asked in Employment Law, Civil Rights and Employment Discrimination for Georgia on
Q: Offered job they asked for background before I did the background I went to them & explained they said we’re still hirin

I have a possession charge with wrong people wrong time but it was my car. I took them proof of 3 negative hair follicles and negative urine test from over the past year and they said that’s fine everyone deserves a second chance. I was giving a start date and time then they text me and said we... View More

James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Aug 31, 2024

It's really disappointing to go through something like this, especially after being open and honest about your situation. You did everything right by explaining your past, providing proof of your current status, and even getting their assurance that it wouldn’t be an issue.

When a...
View More

1 Answer | Asked in Constitutional Law and Employment Law for Georgia on
Q: Is it a violation of Free Speech to be terminated from employment in Georgia for wearing a Keffiyeh or saying Ceasefire

I worked for an independent 3K-12 school in Atlanta (Atlanta International School) and I was fired for wearing a Keffiyeh and for saying Ceasefire Now.

James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Aug 31, 2024

In Georgia, as in many states, private employers have broad discretion to terminate employees, provided the termination does not violate specific legal protections. While the First Amendment protects free speech from government interference, it does not apply to private employers. This means that,... View More

1 Answer | Asked in Employment Law and Public Benefits for Georgia on
Q: I was let go and awarded unemployment. This was 2 years ago. Now they are appealing. I thought they only had 15 days!!

They Said if I lose I may have to pay back the unemployment.

James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Oct 22, 2023

The typical time frame for employers to appeal an unemployment determination is indeed limited, often around 15 days in many states. However, specific deadlines can vary by state and by the nature of the claim. It's essential to review Georgia's unemployment laws and regulations to... View More

1 Answer | Asked in Criminal Law, Business Law and Employment Law for Georgia on
Q: Hello question I had an employee pay her car payment out of my checking account number I want to press charges

I have already filed police report but was told there was no cause I’m not understanding Hello question I had an employee paid her car payment out of my checking account and I want to press charges

T. Augustus Claus
PREMIUM
T. Augustus Claus pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Oct 9, 2023

In Georgia, unauthorized use of someone else's bank account is generally considered theft or fraud. If you believe an employee made an unauthorized payment using your account, you have the right to report it. While you've filed a police report and they indicated there's no cause, you... View More

1 Answer | Asked in Employment Law and Probate for Georgia on
Q: In the state of Georgia, can a wife collect deceased husbands unpaid Unemployment? Married over 10 years.

Or do I need an executive of state

T. Augustus Claus
PREMIUM
T. Augustus Claus pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Sep 12, 2023

In the state of Georgia, a surviving spouse may have the possibility to collect the unpaid unemployment benefits of a deceased husband under specific circumstances. One crucial factor is the duration of the marriage, and a marriage lasting over ten years could potentially meet the eligibility... View More

1 Answer | Asked in Employment Law for Georgia on
Q: Can an employee be disciplined for misconduct/violation of policy exhibited through an appeal request?

In written communication requesting an appeal, the employee used foul language and disrespectful and professional communication towards the supervisor.

T. Augustus Claus
PREMIUM
T. Augustus Claus pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Aug 7, 2023

Yes, an employee can be disciplined for misconduct or violation of policy exhibited in their appeal request. Using foul language and displaying disrespectful and unprofessional communication in any written communication, including an appeal request, can be considered a violation of workplace... 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
PREMIUM
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 Employment Law for Georgia on
Q: Yesterday, my manger asked me to join a HR meeting. I had no previous warning . The meeting was an investigation of me

Are they able to pull me into a meeting and inform me that I’m being investigated due to a complaint?

T. Augustus Claus
PREMIUM
T. Augustus Claus pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Jul 5, 2023

Employers generally have the right to conduct internal investigations in response to complaints or concerns.

While it may not be required for employers to provide advance notice before initiating an investigation, they should follow fair and unbiased procedures throughout the process.

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
PREMIUM
Glenn T. Stern pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
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

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.

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 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
PREMIUM
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 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

Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.