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. To learn more about legal termination in Georgia and what to do when legal reasons for termination are not used to fire an employee, read through the following sections.
Types of Legal Termination in Georgia
Types of legal termination in Georgia include firing an employee for poor performance, dishonesty or not following the company rules and regulations. Legal reasons to fire an employee, including poor work performance, should be well-documented by the employer. Employers who are considering firing workers for legal reasons in GA should keep track of all employee discrepancies and should also maintain accurate records of all encounters with the employee that included disciplinary and corrective actions. If the terminated employee wants to claim that types of legal termination of employment were not used or he or she attempts to claim unemployment insurance compensation, then the employer has valid records of poor performance and the attempt to correct work ethic.
Legal reasons to fire an employee in Georgia also include a lack of work. This legal reason for dismissal of employment is also referred to as a “lay off” and should be thoroughly recorded by the employer. If these types of legal termination in Georgia are used as the motives for employee separation, then the employee may legally seek unemployment insurance benefits from the Department of Labor. Since laying off an employee due to lack of work or due to a business closing is a legal reason for terminating employees in Georgia, separated employees should not pursue wrongful termination or discrimination claims against employers.
While legal reasons for dismissal of employees in Georgia may be claimed by employers, there should be fair warnings and company procedures for disciplinary action should be followed before letting an employee go. If legal reasons for dismissal of employment are claimed by an employer, then there can also be no retaliation against an employee for reporting workplace mishaps, such as safety hazards, sexual harassment or discrimination. To claim types of legal termination in Georgia, employee complaints and concerns should be addressed by employers and resolved prior to termination of employment. To further explore legal reasons for dismissal of employment in GA, download our detailed guide.
When Legal Reasons to Fire an Employee in Georgia Are Not Used
Types of legal termination of employment in Georgia do not include discrimination against an employee due to:
- Age, gender or sexual orientation.
- Disability or veteran status.
- Race, color or national origin.
- Religion or genetic information.
The U.S. Equal Employment Opportunity Commission (EEOC) enforces only legal reasons to fire an employee in GA, which also cannot be based in retaliation against an employee who asserted his or her rights. While age requirements may be set legally for specific job placement, legal reasons to fire employees cannot be based on age if employees are 40 to 70 years of age. To find out how legal termination works, employees should learn that age discrimination laws only apply to private employers with at least 20 employees, certain labor unions and employment agencies.
Types of legal termination in Georgia cannot include separating from an employee because he or she has a disability. If employees can still perform and complete work as necessary, then disabilities are not legal reasons for employee termination in GA and cannot be used as a valid reason to fire employees. Additionally, employers with 15 or more employees must make reasonable accommodations for disabled employees to adequately satisfy job requirements.
Types of legal termination of employment in Georgia do not include firing due to pregnancy or other medical conditions. If an employee can still perform work duties adequately, then legal reasons for dismissal of employment cannot include medical conditions or the onset of pregnancy. If an employer uses this as a legal reason to terminate employment, then the former employee may pursue a discrimination claim with the EEOC against the former employer.
Legal reasons to fire an employee in GA do not include discrimination based on race, color, religion or national origin due to Title VII of the federal Civil Rights Act. Certain labor organizations, employment agencies and employers with 15 or more employees must adhere to this act and may face discrimination claims from former employers if they do not. To find out more about what to do if legal reasons for dismissal of employment in Georgia are not used by an employer to fire an employee, download our informative and free guide.