Georgia Employment Legal Questions

The answer to our question is governed by the Family Medical Leave Act. If your employer is covered by that law (i.e., it is a private employer who has at least 50 employees or he is a public employer of any size, and if you are an eligible employee (i.e., you worked for the employer for a total of 12 months and during the last 12 months you worked at least 1250 hours) the employer muast allow you at least 12 work weeks of unpaid leave to deal with a personal medical emergency that prevents you from working.  The fact that you didn't give your employer 30 days notice doesn't matter as long as it is a non-foreseeable emergency (which an appendectomy usually would be) and as long as the employer is notified about your medical emergency as soon as possible. Michael Caldwell 404-979-3154  ... Read More

An employee can be terminated by the employer for using social media (texting etc) for other than her work purposes. No employee has a right to steal time from an employer when they are being paid wages for that time and using the time for their own (as contrasted with the employer's) purposes.   Michael Caldwell 404-979-3154... Read More

An employer may not discriminate against an employee because of pregnancy under Titlle VII of the 1964 Civil Rights Act, as amended by the Pregnancy Discrimination Act of 1977. If you are capable of doing the job your employer has to ignore your pregnancy, despite her "protective" feelings.  I am not sure who your employer is. There also is the Family Medical Leave Act which applies to all public employers, and to private employers with at least 50 employees. If you have worked a total of 12 months during the past 7 years, and if in the 12 month period immediately preceding your application for family medical Leave (FMLA) you have worked at least 1250 hours, your employer has to provide you with job protected (unpaid) leave of at least 12 work weeks.   Michael A. Caldwell 404-979-3154... Read More

Since I am General Counsel to the Chiefs of Police in Georgia, I probably would have a conflict of interest in providing an answer to you on this question. However, there are very knowledgable attorneys out there who can assist you.  You should call Lance LoRusso (404)313-5163 who represents police officers.   Michael A. Caldwell 404-979-3154... Read More

You are right to be concerned. My son is a surgical resident right now and we went through the med school application process a few years ago. Public intoxication is a misdemeanor in most cases. A conviction would remain on your criminal record. Since the charge was dismissed, however, you were not convicted. While there is a record of your arrest there is no record of your conviction. Medical schools will ask about and make decisions based conviction records, not arrest records.  If you can keep your nose clean for the next three or 4 years before you apply to medical school, and if during that period you self discipline yourself so that you continuously act in an extremely responsible, grown-up, and ethical manner, then any possible damage that might be worked upon your prospects by the arrest will be counterbalanced by the good that you have accomplished. However, you need to start now, and to maintain a mature sense of self-discipline to keep a sterling behavior record between now and the time you apply.   Good luck and work hard. Michael Caldwell 404-979-3154... Read More

If you have a contract or a written promissory note covering the debt the statute of limitations is 6 years starting from the date when you were supposed to pay, but didn't.  Going to the district attorney to collect a debt is not favored. DA's don't like it when the criminal process is used to collect a debt.  Unless you stole the money or embezzled it or otherwise took it unlawfully, (i.e., through fraud etc.) there is no basis for a criminal charge. Micheal Caldwell 404-979-3150  ... Read More

Chances are if you are going to work for a competitor or are going to compete with your employer, you will find that the agreement has been signed. Also, it may be that the agreement is signed and in your personnel file. But unless you are going to compete with your employer, the agreement probably shouldn't have any affect on you.... Read More

Never make a threat unless you intend to carry it out. If you don't report this incident to the Store Manager, your supervisor will feel free to bully and threaten you again in the future.  He over-did it in terms of his intimidating behavior.  He obviously intended to do just that. Let the store manager know so that they are on notice that this guy has an anger management problem and may not be able to control himself in the future.  As far as your legal rights go, there is nothing specific here other than the fact that you have a right to insist in being treated equally without regard to any characteristic that is protected by federal law (race, color, creed, religion, gender, national origin, age (if you're at least 40) disability, membership in or status as a veteran of the US Armed Forces or becuase you have exercised rights under any federal law.    Michael A. Caldwell 404-979-3154... Read More

I know of no advantage of "consultant" vs. "intern"? The use of the term alone does not determine IRS tax status and obligation to pay payroll taxes or not. Many companies run afoul of IRS for this very reason. I do not know the answer to your question. I suggest you call the local Board of Education. They are the ones that issues work permits to students. Why do you want/need a contract? Many/most persons work without a contract. Yes, you may ask the parent to sign the contract also, but, without reading the contract, I do not know the effect of doing so.... Read More

If you are paying him, he really is not an intern, he is a consultant. While a 17 year old cannot legally contract, you don't have to pay if he doesn't do the work. I guess it can't hurt to have the parents sign but I don't think it will be necessary unless you think he will develop some IP that you want to own.... Read More