Legal Question in Employment Law in Georgia

If an employer requires me to get counseling, does he have to pay for it?


Asked on 9/29/14, 4:56 pm

1 Answer from Attorneys

Michael Caldwell DeLong, Caldwell, Bridgers & Fitzpatrick LLC

There is not a whole lot of information in your question.

However, generally, no he would not have to pay for counseling that he requires you to attend as a condition of your continued employment. The employer can set the conditions of your employment, and it is up to you to decide whether you want the job enough to fulfill the conditions. Usually an employer sends an employee to get counseling in a situation where the employee's behavior has become disruptive in the workplace, and the employer believes that a counselor may help the employee through the difficulty that is causing the disruptive behavior.

Georgia is an employment at will state. That means that an employer isn't required to employ or continue employing anybody. It sets the terms and conditions of employment and the employee either accepts them by continuing to work, or rejects them by quitting. The employer has a right to try to maintain a working environment that is productive. This does not mean that the employer considers you disabled (although in some cases it might). If the employer is not basing the job condition upon your disability (whether real or perceived) the employer is free to set whatever conditions it desires for an employee's continued employment. If you have an employment contract, or if you are covered by a collective bargaining agreement, the answer might be different.

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Answered on 9/29/14, 5:07 pm


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