Georgia Employment Legal Questions

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345 legal questions have been posted about labor and employment by real users in Georgia. Ask your question and dive into the knowledge of attorneys who handle your issue regularly. Similar topics to explore also include whistleblower litigation, wage and hour law, and occupational safety and health (osha). All topics and other states can be accessed in the dropdowns below.
Georgia Employment Questions & Legal Answers - Page 5
Do you have any Georgia Employment questions page 5 and need some legal advice or guidance? Ask a Lawyer to get an answer or read through our 345 previously answered Georgia Employment questions.

Recent Legal Answers

What could my boyfriend do if he never received his last paycheck?

Answered 10 years and 8 months ago by Atty. Richard F. Rice (Unclaimed Profile)   |   2 Answers   |  Legal Topics: Employment
He should file a wage claim.
He should file a wage claim.

When does the statute owing franchise tax board overpayments for unemployment end?

Answered 10 years and 8 months ago by William L. Sanders (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Employment
I only answer GA questions. In GA, we do not have a franchise tax board, so I presume you are not in GA. Please resubmit your question, and identify your state.
I only answer GA questions. In GA, we do not have a franchise tax board, so I presume you are not in GA. Please resubmit your question, and... Read More

Is my employer responsible for the damages/loss?

Answered 10 years and 8 months ago by William L. Sanders (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Employment
The company is not responsible for damage or loss of the vehicle or personal property, while the car is parked in the company parking lot. This answer is based on GA law. The law could be different if you are not in Ga.
The company is not responsible for damage or loss of the vehicle or personal property, while the car is parked in the company parking lot. This... Read More

Was I wrongly terminated? How?

Answered 10 years and 8 months ago by Atty. Richard F. Rice (Unclaimed Profile)   |   2 Answers   |  Legal Topics: Employment
An attorney needs complete information to adequately respond.
An attorney needs complete information to adequately respond.

Is it legal that we be required to supplement a co-workers income and why?

Answered 10 years and 8 months ago by William L. Sanders (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Employment
Generally, an employer may pay you at any rate they chose, so long as you are paid minimum wage or more. Also, employer may, at their whim, change the pay structure, so long as you are paid minimum wage or more. I suggest you consult Wage and Hour Division (WHD) - U.S. Department of Labor http://www.wagehour.dol.gov/ They have investigators that handle such questions. Your question does not identify your state. This response is based on Georgia law. If you are in a state other than GA, resubmit your question, and identify your state. The laws are different in other states, but the Wage and Hour laws apply in every state. Your remedy may be to find another job.... Read More
Generally, an employer may pay you at any rate they chose, so long as you are paid minimum wage or more. Also, employer may, at their whim, change... Read More

I don't speak English and my former employer stole my idea/skills, what can I do?

Answered 10 years and 8 months ago by William L. Sanders (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Employment
you need to consult with an attorney that handles intellectual property law. This is not an employment law question.
you need to consult with an attorney that handles intellectual property law. This is not an employment law question.

What could I do to get my job back?

Answered 10 years and 8 months ago by John F Brennan (Unclaimed Profile)   |   2 Answers   |  Legal Topics: Employment
It will depend on company policy. Need more information.
It will depend on company policy. Need more information.

Can newspaper sales be legally stopped by an HR administrator? How?

Answered 10 years and 8 months ago by William L. Sanders (Unclaimed Profile)   |   2 Answers   |  Legal Topics: Employment
it is the employer's land, they can do as they wish, so long as it is legal. I see nothing illegal about what the employer is doing. Buy your paper on the way to work, and quit making trouble over a trivial matter.
it is the employer's land, they can do as they wish, so long as it is legal. I see nothing illegal about what the employer is doing. Buy your paper... Read More

Can newspaper sales be legally stopped by an HR administrator? How?

Answered 10 years and 8 months ago by John F Brennan (Unclaimed Profile)   |   2 Answers   |  Legal Topics: Employment
The employer controls the workplace, ignore at your own risk of unemployment.
The employer controls the workplace, ignore at your own risk of unemployment.

What are my rights as an employee if I was terminated immediately?

Answered 10 years and 8 months ago by Atty. Richard F. Rice (Unclaimed Profile)   |   2 Answers   |  Legal Topics: Employment
Contact an attorney to review your overall matter.
Contact an attorney to review your overall matter.

What is the legality of a non-compete employment agreement?

Answered 10 years and 8 months ago by Mr. Scott M Behren (Unclaimed Profile)   |   3 Answers   |  Legal Topics: Employment
I would have to review your non-compete in full but there are many defenses to enforcements of these kinds of suits. Feel free to call or e-mail to discuss further.
I would have to review your non-compete in full but there are many defenses to enforcements of these kinds of suits. Feel free to call or e-mail to... Read More

Could I be reimbursed for payroll withholdings?

Answered 10 years and 8 months ago by William L. Sanders (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Employment
you may be eligible for a refund. What does your employer say? Not asked? Go ask.
you may be eligible for a refund. What does your employer say? Not asked? Go ask.

Is it legal payroll deduction to cover shortages and why?

Answered 10 years and 8 months ago by William L. Sanders (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Employment
answer depends on which state you work. Resubmit your question, and identify which state. You may also want to ask Wage and Hour Division (WHD) - U.S. Department of Labor http://www.wagehour.dol.gov/ They have investigators that handle such questions.
answer depends on which state you work. Resubmit your question, and identify which state. You may also want to ask Wage and Hour Division... Read More

Could I be punished for disobeying an employment no compete clause?

Answered 10 years and 9 months ago by Atty. Richard F. Rice (Unclaimed Profile)   |   2 Answers   |  Legal Topics: Employment
It depends on the terms of the non-compete but it does not seem that if you have not worked since 2011 that it would apply in 2015. An attorney would need to see the document to provide an adequate opinion.
It depends on the terms of the non-compete but it does not seem that if you have not worked since 2011 that it would apply in 2015. An attorney... Read More

As an employer, am I obligated to honor a lost sub-contractor pay check after 6 years? Why?

Answered 10 years and 9 months ago by Atty. Richard F. Rice (Unclaimed Profile)   |   3 Answers   |  Legal Topics: Employment
If you are in Wisconsin, the statute of limitations for a contract action is 6 years.
If you are in Wisconsin, the statute of limitations for a contract action is 6 years.

What can I do regarding a failed drug test at work? How?

Answered 10 years and 9 months ago by William L. Sanders (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Employment
Go get your own independent drug test, as quick as possible. It may be too late, depending on when this happened to you. In GA, I know of no requirement that they follow 5 CFR 49 or any other law. For unemployment purposes, you will need your own test to win. Contact me directly if you need help with unemployment benefits.... Read More
Go get your own independent drug test, as quick as possible. It may be too late, depending on when this happened to you. In GA, I know of no... Read More

Is it legal for a job to take you off the schedule for a week without notice or explanation?

Answered 10 years and 9 months ago by William L. Sanders (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Employment
Yes, this is legal in Georgia.
Yes, this is legal in Georgia.

What could I do if my manager is forcing me to change work availability?

Answered 10 years and 9 months ago by Atty. Richard F. Rice (Unclaimed Profile)   |   2 Answers   |  Legal Topics: Employment
You have rights but an attorney would need complete information to determine if any of your rights have been violated. You should contact HR about the situation.
You have rights but an attorney would need complete information to determine if any of your rights have been violated. You should contact HR about... Read More

Could I try to get other employment if the current contract states that I can't?

Answered 10 years and 9 months ago by attorney Alena Shautsova   |   3 Answers   |  Legal Topics: Employment
You need to show the contract to an attorney. Nobody will be able to advise you otherwise.
You need to show the contract to an attorney. Nobody will be able to advise you otherwise.

Could my son be fired for a bad day at work and asked to return after his shift to clean?

Answered 10 years and 9 months ago by William L. Sanders (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Employment
If he wants to keep his job, he needs to return at 10 to clean up as punishment or be fired. I see nothing illegal here. Stupidity by employers is not illegal. Does he really want to work for these folks? In Georgia, employers may discharge for anything, including a bad reason, so long as they are not motivated by race, age, sex, national origin, religion, or handicap. If it is not on that list, it is not protected. This answer is based on GEORGIA LAW. If you are not in GA, you should resubmit your question, and identify your state.... Read More
If he wants to keep his job, he needs to return at 10 to clean up as punishment or be fired. I see nothing illegal here. Stupidity by employers... Read More

Does my state require payout of vacation?

Answered 10 years and 10 months ago by William L. Sanders (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Employment
You failed to state in which state you were employed. It varies from state to state, so no one can answer your question unless you identify the state. Note that the rule reads: Unused accrued vacation time/PTO is paid out upon termination when required by state or local law. This implies that it will not be paid to you, unless you worked in a state that requires such payments. Many employers do not pay this, you forfeit it when you leave the company. Many states do not require this payment.... Read More
You failed to state in which state you were employed. It varies from state to state, so no one can answer your question unless you identify the... Read More

If I call a company that says they are recording the call, is it legal for me to record the call as well? How?

Answered 10 years and 10 months ago by William L. Sanders (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Employment
You did not identify what State. In Georgia, it is always completely legal to record any conversation, including telephone, so long as you have the consent of any one party to the conversation. If you are also on the call, you may record, since you are a participant that consents. I know this sounds strange, but it is the law in Georgia. I have won a bet on this more than 5 or 6 times, and have even won on this very argument in Georgia courts. If you are in another state, the law is likely different. If so, you should resubmit your question, and identify what state. It varies from state to state.... Read More
You did not identify what State. In Georgia, it is always completely legal to record any conversation, including telephone, so long as you have the... Read More

Does my employer have the right to hold my paycheck in the event of an accident in their vehicle?

Answered 10 years and 10 months ago by William L. Sanders (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Employment
I do not think the employer may do this, but I do not know. I suggest you contact: Wage and Hour Division (WHD) - U.S. Department of Labor http://www.wagehour.dol.gov/ They have investigators that handle such questions, and often get action.
I do not think the employer may do this, but I do not know. I suggest you contact: Wage and Hour Division (WHD) - U.S. Department of Labor ... Read More

Does the state owe my husband money for his employment?

Answered 10 years and 10 months ago by Atty. Richard F. Rice (Unclaimed Profile)   |   2 Answers   |  Legal Topics: Employment
Your Husband should check the policy(ies) related to this matter.
Your Husband should check the policy(ies) related to this matter.

What can I do if my employer terminated me on grounds of an employee manual I never saw and now wonโ€™t pay me?

Answered 10 years and 10 months ago by William L. Sanders (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Employment
You may sue them for the actual money they owe you. It matters not if there is a hand book or not, or if you knew about it or not. Most of the other issues you raise are not important. I suggest you go see a lawyer, since you have overstated the facts.
You may sue them for the actual money they owe you. It matters not if there is a hand book or not, or if you knew about it or not. Most of the... Read More