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Georgia Employment Law Questions & Answers
1 Answer | Asked in Copyright, Employment Law and Family Law for Georgia on
Q: Hello Lawyers: I want to know, can I sue French Montana and Coke Boys Record?
Zachary Taylor Beck
Zachary Taylor Beck
answered on Aug 29, 2022

A person can file any lawsuit they want against whoever they want. However, whether that lawsuit is successful and warrants merit is another matter. Further, filing frivolous lawsuits can result in severe sanctions. Thus, consult an attorney before you file any type of lawsuit.

1 Answer | Asked in Employment Law for Georgia on
Q: Updating equipment off the clock for my employer, illegal or no?

My company requires that I run the updates for the company provided equipment every month off the clock, which is always at least an hour or more if the update didn't take the first time. Complaints have fallen on deaf ears evidently.

Rhiannon Herbert
Rhiannon Herbert
answered on Aug 23, 2022

More information is needed here, since whether "off the clock" work must be paid depends on a number of different factors. These include how you are paid (hourly vs. salary), how many hours per week you work, and what specific tasks you are required to do in order to run and complete the... View More

1 Answer | Asked in Employment Law and Sexual Harassment for Georgia on
Q: Is this sexual harassment or something more?

A female employee walks into her office and finds a male co-worker going through her personal phone. He is taking pictures of her screen with his phone. When caught, he immediately drops her phone and when she questions him, he says that he was just looking for the calendar. When she picks up her... View More

Rhiannon Herbert
Rhiannon Herbert
answered on Aug 16, 2022

You should first look to see if your company has a policy for reporting incidents of sexual harassment. If so, you should follow the policy and report what happened in writing. If no policy exists, you should still make a written report either to HR and/or your supervisor. Once the company has been... View More

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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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 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 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?

1 Answer | Asked in Employment Law for Georgia on
Q: Can you sue your job for discrimination, falsifying documents, retaliation, and slander while still working there?

Was forced to leave my current location for no reason.

Kyle Anderson
Kyle Anderson
answered on Aug 4, 2021

Hello, more information is needed here. Discrimination and retaliation would be unlawful if it is based on your race, religion, disability, or other protected class or activity. I would reach out to an employment law attorney in your state for a consultation.

1 Answer | Asked in Contracts, Employment Law and Business Law for Georgia on
Q: I owe my salon owner a lump sum that i signed and agreed to pay on august 1, but i don’t have the money yet. What to do?

My kids father and i split up so I’m moving to another city with my kids by force to live with my family. Which caused me a great setback.

Rhiannon Herbert
Rhiannon Herbert
answered on Aug 3, 2021

You should reach out to the salon owner and explain your situation. If you can't pay the money owed in a lump sum, it may be possible to work out a payment plan where you pay in multiple installments.

1 Answer | Asked in Employment Law, Workers' Compensation and Employment Discrimination for Georgia on
Q: I was on medical leave from some time in May to sometime in June for heart problems that have developed recently.

I was on medical leave from some time in May to sometime in June for heart problems that have developed recently. I got an email today stating that my job was taking action to bring my termination request up at the next board meeting due to not returning to my job within the school system. I have... View More

Carrie Dyer
Carrie Dyer
answered on Jun 30, 2021

You should follow your employer's instruction to call them if they have requested you do so. You should explain that your medical absence has been approved by the Director and provide your estimated return to work date. Additional information is needed to analyze whether you would have a... View More

1 Answer | Asked in Employment Law for Georgia on
Q: If I accept a job offer and the job requires rotating shifts .i have a disability that will not allow me to work those

hours do they have to accommodate me

Carrie Dyer
Carrie Dyer
answered on Jun 16, 2021

More information is needed to answer your questions. Under the Americans with Disabilities Act, an employer is required to engage in an interactive process to attempt to come up with a reasonable accommodation that allows you to perform the essential functions of your position but does not cause an... View More

1 Answer | Asked in Criminal Law, Employment Law, Family Law and Domestic Violence for Georgia on
Q: If my dad put a emrgy TPO on me may 3 I went to court yesterday he filed a continuance I askd for a lawyer after he ask

After he asked judge for continuance he asked if the judge could order us to go to counseling? Why would he do all this if he wanted to go to counseling? I've been through and completed counseling/therapy several times and it is not just me that is the problem no matter how many times they... View More

Homer P Jordan IV
Homer P Jordan IV
answered on May 19, 2021

I’d be happy to answer your question, but I’m not sure what it is. Maybe you would benefit from re-writing it and being more specific to what your question is.

2 Answers | Asked in Criminal Law, Employment Law, Family Law and Domestic Violence for Georgia on
Q: If dad filed a Emrgcy TPO & 2day had 1st hearing he cont'd & I asked 4 a lawyer can he still motion 2 dismiss it?

He said he wanted to continue it and then asked the judge if he could order us all to go to counseling? I wouldn't have a problem with it at all but the TPO would still stay and I wouldn't get to go to work & coach my girls? I work 4 my dad for 31 yrs! I feel like this was done to get... View More

Regina Irene Edwards
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answered on May 18, 2021

You need to speak to an attorney to get specific advice about a case in progress. This forum is best for general questions.

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