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. To find out more about how to file a charge of employment discrimination in Georgia, when a charge should be filed and what happens after the claim is filed, review the following information.
When to File a Wrongful Termination Discrimination Charge in Georgia
Learning how to file a charge of employment discrimination in Georgia is vital for a former employee if he or she feels the firing was due to discrimination against one of the following:
- Age, gender or sexual orientation
- Disability or veteran status
- National origin, race or color
- Religion or retaliation for exercising employee rights
- Genetic information, medical condition or pregnancy
Firing an employee based on one of these characteristics is considered illegal termination. Therefore, a terminated employee can file a wrongful termination discrimination charge with the United States Equal Employment Opportunity Commission (EEOC) to pursue a claim against the former employer. In addition to these reasons for filing a charge of discrimination in Georgia, a claim against a former employer may also be filed if the employer did not offer equal pay due to sex discrimination or if the employee was let go for complaining about safety hazards, harassment or other unsafe working conditions.
A terminated employee should only decide to follow the procedure for filing a charge of employment discrimination in GA if he or she feels there were no justifiable reasons for the termination. After filing an employer discrimination charge in Georgia, the former employee is responsible for providing statements, witnesses and evidence that the termination was illegal and not justified. Therefore, a terminated employee should only consider learning how to file an EEOC employment discrimination charge if he or she can prove the reason for firing was wrongful and discriminatory. To learn more about the reasons to file a wrongful termination discrimination charge, download our detailed online guide.
How to File an EEOC Employment Discrimination Charge in Georgia
Before filing a charge of discrimination in Georgia in a court of law, the claim must first be made with the EEOC. Fired employees may research how to file a charge of employment discrimination in GA so that they can learn the available submission methods. An employment discrimination charge can be filed online, in person, by phone or by mail. To file a wrongful termination discrimination charge, a fired employee must submit details of the incident within 180 calendar days. When learning how to file a charge of employment discrimination in Georgia, it is important to note that former employees may need to complete the task with a local or state agency due to specific employment or discrimination laws violated. To file a wrongful termination discrimination claim that involves age discrimination, a former employee may have up to 300 calendar days to complete the filing, if current state employment laws prohibit age discrimination. If a local law was violated and the fired employee needs to pursue the claim through a local agency and the EEOC, then he or she has 300 calendar days to file the preliminary charge. Remember, even though Georgia is an at-will state, wrongful termination can still occur if certain circumstances apply.
When reviewing how to file an EEOC employment discrimination claim, potential claimants should be prepared with information and evidence pertaining to the incident and termination. When filing a charge of discrimination in Georgia, a claimant should include:
- His or her name and contact information.
- The employer’s information, including the number of employees working there.
- The date and explanation of the discriminatory incident.
- The type of discrimination he or she experienced.
To find out more about how to file a charge of employment discrimination in Georgia, including where to mail a claim, download and review our comprehensive free guide.
What Happens After Filing a Charge of Discrimination in Georgia
After filing an employment discrimination charge in Georgia, claimants who filed online can check the status of their claims through the online portal. No more than 10 days after filing a charge of discrimination in Georgia, the employer is notified by the EEOC so he or she can respond to the charge. After a claimant files a wrongful termination charge, the EEOC may ask both parties to attempt a mediation session to resolve the conflict. If mediation is not successful between the former employer and employee, an investigation into the charge is conducted by the EEOC or by a local agency, if a state law potentially applies to the case.
When learning how to file an EEOC employment discrimination charge in GA, former employees should note that the investigation is completed and a position statement is mailed to both the former employer and employee. If the former employee does not agree with how the filed employment discrimination charge was investigated, then he or she can request a notice of the right to sue from the EEOC. This gives the former employee permission to pursue legal action against the former employer after the completion of the EEOC case.