FAQ for Employees

Employment law issues affect most workers at some point in their work life. Below is a list of frequently asked questions for employees to help answer common questions. Employers should review this Employer FAQ.

Employee FAQ:

I did not receive my last paycheck. What can I do?

Payment laws vary from state to state. Although federal law does not require an employer to issue an employee’s final paycheck immediately, some states do have laws requiring immediate payment. If your regular payday has passed, you can contact the Department of Labor’s Wage and Hour Division or your state’s labor department. You may also want to speak with a Georgia employment lawyer to learn about your rights.

I believe that I have been illegally terminated from my job. What are my rights?

Because Georgia and Tennessee are employment at-will states, an employer can terminate an employee without cause and without prior notice. However, an employer cannot fire an employee because of race, color, sex, age, disability, religion or national origin. An employer also cannot fire you in retaliation for raising a complaint of discrimination.

If you believe you have been wrongly terminated, contact a Georgia employment lawyer.

I was recently hired for a job, but they insist that I complete a W-9. What is the difference between a W-9 and W-2? Will it affect the way I am paid?

Your employer has hired you as an independent contractor. As an independent contractor, you are considered self-employed and are responsible for paying your own taxes and completing a W-9 form. Without more information, it is difficult to tell if you are appropriately classified.

Generally, an independent contractor maintains the right to control the details of how the services are performed. The company paying you only controls the result of your work. However, if your employer tells you what will be done and how it will be done, then you should be classified as an employee. Employees complete a W-2.

For more information, contact an Atlanta employment attorney at Mays & Kerr.