Wrongful Termination in Georgia
Wrongful termination in Georgia occurs when an employee is terminated from employment for an illegal reason, such as discrimination. An employee has been wrongfully terminated in GA if he or she was let go from employment due to age, race, sex, religion, nationality, veteran status or a disability. After a wrongful dismissal occurs, a terminated employee has rights to pursue a wrongful termination charge against his or her former employer. Before filing a claim, the terminated employee should learn the answer to the question, “What is a wrongful termination?” to verify if the firing was truly illegal. Employees cannot be wrongfully terminated from job positions if they are let go due to lack of work or a well-documented poor work performance. An employee who feels he or she has been wrongfully fired should also review the at-will employment and exceptions in Georgia before attempting to file a claim. The “Right-to-Work” law in Georgia states employees cannot be wrongfully fired from job positions because they refuse to join a union or make payments to a union. To file a charge of wrongful termination in GA, a terminated employee should review the deadlines for filing a claim. After a wrongful dismissal, a former employee may pursue legal action by contacting the United States Equal Employment Opportunity Commission (EEOC) or a local state agency. To claim a wrongful firing, a terminated employee can contact the respective agency online, by phone, by mail or in person to file a claim. After providing details of the wrongful job termination, the agency will investigate the claim and look into the reasons for termination to determine if the actions taken by the employer were lawful. If the claimant was wrongfully terminated from job status, then the agency may attempt to mediate the claim between the two parties. Additional actions to remedy the wrongful dismissal are taken if mediation is unsuccessful and may include the former employee taking steps to sue the former employer. To find out more about what is a wrongful termination, the exceptions in Georgia and filing a wrongful termination claim, review the following pages.
Legal and Illegal Terminations in Georgia
An employer who claims one of the types of legal termination in Georgia as the reason for firing an employee has separated from an employee lawfully. The types of legal termination of employment in GA may include poor work performance, a lack of work or the closing of a business. If one of the legal reasons to fire an employee is used to let an employee go, then he or she does not have grounds to pursue a claim or legal action against the employer. However, if one of the legal reasons for dismissal of employment are not used and the employee is fired wrongfully, then a wrongful termination claim may be pursued by the former employee. There are many legal reasons for terminating employees in Georgia, so employees should review these reasons after being let go before attempting to pursue legal action. The types of legal termination in Georgia are usually well-documented by employers, so pursuing a claim against them may not be beneficial for terminated employees. Read More
At-Will Employment and Exceptions in Georgia
At will employment exceptions in Georgia were created to exclude certain situations from the at-will employment law. Exceptions to at will employment are observed in some states, but not all states in the country. Some employees may wonder, “Is Georgia an at will state?” so they can understand the employment laws observed throughout the state. Employees should also learn what is employment at will to understand what the law states and their rights as employees in Georgia. Employment at-will is a law observed in all states throughout the country that allows employers to terminate their employee relationships at will, for any legal reason. Exceptions to at will employment in Georgia are not observed by the state, so the at-will law stands for all employee-employer relationships. Read More
How to File a Wrongful Termination Discrimination Charge in Georgia
Fired employees should consider filing a charge of discrimination in Georgia if they feel their reasons for termination were unjust and discriminatory. Learning how to file a charge of employment discrimination is important for a former employee if he or she can prove the termination was based on illegal reasons and has no justification. Finding out how to file an EEOC employment discrimination charge is crucial for terminated employees before attempting to sue or pursue further legal action against a former employer. To file a wrongful termination discrimination charge in GA, a terminated employee must be willing and able to present witnesses, evidence and facts that support his or her side of the case. Read More