Georgia Employment Legal Questions

Yes, you may be lawfully discharged for this in GA. In GA, having an on the job injury does not protect your job. Many employers discharge once a w.comp claim is filed. You should speak with an attorney that handles w.comp cases. I do not. Often, they can get you lost wages when you are discharged while a w.comp claim is pending.... Read More

You may have a psychological condition that requires reasonable accommodation by your employer. But a work practice that protects you from contact with babies in your employment situation may not be a reasonable accommodation. Your employer may have legal cause to terminate you if your psychological condition makes you unable to contribute to the employer's delivery of services. Even disability laws do not require employers to retain a useless employee.... Read More

The answer depends on three things   1. Whether your employer is a covered employer under the Family Medical Leave Act (FMLA);   2.  Whether you are an eligible employee under the FMLA; and  3.  Whether you have taken all 12 weeks of FMLA covered leave during the past 12 months. ... Read More

Federal and state Child Labor laws restrict where and when a 13 year old can work.  Generally, a 13 year old may not work during times that would interfere with his/her schooling, and may not work in any job where they would be exposed to a dangerous condition or portentially dangerous position.   Michael Caldwell 404-979-3154... Read More

Employment at will is a common-law doctrine that has its origins in the late middle ages/early rennaisance period in England. Under the doctrine, an employee is not required to remain with an employer and can quit without any justification, and an employer is not required to keep an employee if it doesn't desire to do so. Georgia inherited this law when the colonies broke with England in 1776. An employer does not need a reason to terminate an employee. It has followed this law since it first began as a colony and later as a state. However an employer can change that "at will" status by creating a contract with the employee under which it limits its discretion to terminate the employee so that it may only do so for certain reasons. If the employer terminates the employee for any reason other than those listed in the contract, the employer can be liable for breach of contract. Federal law also limits the reasons why an employer may terminate an employee by forbidding covered employers from terminating employees because of the employee's race, color, religion, creed, gender, national origin, age (40 and over), disability (if the employee is qualified for the job and disabled), membership in the armed forces, status as  a veteran, membership in or activities on behalf of a union, engagement in protected concerted activity. It also prohibits employers from terminating or otherwise making adverse employment decisions about employees in retaliation for their having filed charges with a federal agency claiming unlawful discrimination under any federal labor laws.     Michael A. Caldwell 404-979-3154... Read More