Legal issues facing Georgia job seekers

When my son was in college and working two part-time jobs, he decided to quit one at a major department store where he was pushing carts for three years and not getting along with his new manager. As parents, we told him to make sure he gave his employer a two week notice.

One week after quitting, he was fired. Not only does he have a negative mark on his employment record, but we found out that in Georgia, which is an "At Will" state, you only have to give notice as a courtesy, for it is not required. Giving a two week notice only gave the new manager an opportunity to try and negatively affect my son's future.

There is no legal requirement that an employee has to give notice unless an employment contract is  signed with language stipulating rules governing the termination notice. If you break the contract, beware of any consequences. Also, the bridge to that company may be burned, so leaving a company is just as important as starting a new job.

While no employee is perfect, it's still an employer's market. Employee satisfaction is at an all time low while employers are hiring fewer people, working the ones they employ more, and paying them less for what they accomplish.

"An employer can let you go for any reason, at any time, with no explanation," said Attorney José De La Cruz, a volunteer human resources counselor and trainer at CobbWorks, Inc. in Marietta, Ga.

"They can let you go if they don't like the color of the ink pen you are using," he said. "When you are applying for another job, you have to answer all questions on the job application truthfully. If they ask whether you have ever been fired, you must try to explain why you were let go," he said. It is always a good idea to ask for a separation notice.

De La Cruz added that most companies are socially conscious and want to have a good branding reputation that they treat employees fairly, however, they want to hire people who will not only be a good fit for their team of professionals, but people who will not set them up for litigious or negligent hiring lawsuits should something unlawful happen on the job.

Although most employers limit what information they supply on former employees, they may answer the question, "Is this person eligible for rehire?" A few other tools that potential employers can legally use to weed out undesirables, check honesty and integrity, and limit risk include:

Background checks including arrest records, charges, misdemeanors and felony convictions

Credit checks

Drug screens

Social media postings (Twitter, Facebook, LinkedIn)

Professional hiring managers urge job seekers to check their records at all three credit bureaus, do searches on the  Internet to see what may have been written about them, and refrain from writing comments under a real name which sometime appear on web pages. This can be used against you in hiring decisions, and there's nothing you can legally do about it!

If you are having a hard time getting a job and don't know why, you should check what data is available under the Freedom of Information Act (FOIA). This Act provides that "any person has a right, enforceable in court, to obtain access to federal agency records, except to the extent that such records (or portions of them) are protected from public disclosure by one of nine exemptions or by one of three special law enforcement record exclusions." (http://www.foia.gov/)

If you have a criminal background, have alcohol or drug use issues, poor credit history, were dishonorably discharged from the military, lack an employment history, or are receiving temporary assistance to needy families (TANF), there still is hope that you can get a job in Georgia through the Federal Bonding Program. (www.gonds4.com)  This program provides fidelity bonding insurance coverage, sometimes called dishonesty bonding, to high monetary risk individuals.

For more information on this program, go to your local GDOL center office or call the FBP coordinator at 404-232-3540.

©2012 Tomi Johnson. All rights reserved.