Employees wrongfully fired in GA have rights to file a claim and possibly a lawsuit against their former employer. Workers wrongfully fired from jobs can experience financial loss and negative consequences to their future career goals. Employees can pursue wrongful termination in Georgia in a court of law if they decide to seek justice for damages incurred.
- Types of Illegal Termination in Georgia
- Types of Legal Termination in Georgia
- At-will Employment Exceptions in Georgia
- Filing a Discrimination Charge With the Equal Employment Opportunity Commission in Georgia
- Filing a Lawsuit Against Your Employer in Georgia
What is a wrongful termination? Employees wrongfully terminated from jobs have experienced discrimination or retaliation when their employer dismissed them illegally. An unlawful termination in GA is a serious offense for employers.
Terminated employees seeking legal action for their wrongful dismissal in GA should review the state laws so they can pinpoint the cause of action for a claim. For more information on what to do when wrongfully terminated, examine the sections below.
Georgia Unemployment Resources
Types of Illegal Termination in Georgia
Types of illegal termination of employment can break either federal or state employment laws. Employees subjected to one of the types of illegal terminations in Georgia have the right to file a claim against their employer.
Many types of unlawful terminations refer to discriminatory dismissals. These types of unlawful terminations from employment include dismissal due to characteristics of the employee’s sex, race, religion, age, nationality, disability or veteran status.
Additional types of illegal firing involve retaliatory actions taken by an employer. These types of illegal dismissal of employment may occur when an employee is receiving worker’s compensation or has an open sexual discrimination charge against the company. After reviewing these types of illegal dismissal of employment, employees can identify their specific cause of action for pursuing a legal case.
Types of Legal Termination in Georgia
There are several legal reasons for terminating employees in Georgia that are not against the law. The types of legal dismissal of employment include the closing of a company or properly executed employee layoffs.
Types of legal termination in Georgia also include the ending of an employment contract and the demonstration of poor performance by an employee.
While employees may find these types of legal termination of employment to be unfair, unjust or inconvenient, they are not against the law. An employee who experiences one of the aforementioned types of legal firing has no grounds to file a claim against the former employer.
At-Will Employment Exceptions in Georgia
Exceptions to at-will employment in certain states clarify employment laws and prevent wrongful termination. “What is employment at will and how will it influence my termination case? Is Georgia an at-will state?” are questions many former employees have when sorting out employment laws in the state.
At-will employment indicates that an employer or employee can terminate the relationship at any time for any legal reason. Georgia is an at-will employment state, like almost every other state in the nation. The major exceptions to at-will employment include:
- The public-policy exception, which prevents an employer from terminating an employee if the firing encroaches upon a public policy. The implied-contract exception, which prevents an employer from terminating an employee when an implied contract is in place, even if it is not a written contract.
- The covenant of good faith and fair dealing exception, which requires employers to treat employees fairly and prevent them from terminating an employee with malicious intent.
Note: At will employment exceptions in Georgia do not exist as the state does not recognize any of the three major exceptions to at will employment.
Filing a Discrimination Charge With the Equal Employment Opportunity Commission in Georgia
To file a wrongful termination discrimination charge, you will need to submit a claim to the Equal Employment Opportunity Commission (EEOC). Filing a charge of discrimination in Georgia requires former employees to complete the claim within 180 days of the dismissal through the Atlanta district office.
When investigating how to file a charge of employment discrimination, you will find that you may submit the claim by mail, phone or in-person. For an in-person visit, make an appointment with the local office and prepare for a two-hour claim submittal process with a staff member.
If you are looking into how to file an EEOC employment discrimination claim in GA, you may want to review the process after submission. After you file a wrongful termination discrimination charge, the EEOC will notify you of their decision to investigate the claim or close it without investigation. If the claim is valid, the investigation process starts and the EEOC may ask you and your employer for more information and evidence.
After filing a charge of discrimination in Georgia, the EEOC may suggest mediation, which can take approximately three months to complete. If the agency does not suggest mediation or the mediation has an unsuccessful outcome, the EEOC will attempt to obtain a voluntary settlement between you and your former employer, which can take an average of 10 months.
If the settlement again is unsuccessful or not enough evidence is available, the EEOC may grant you the Notice of Right to Sue your employer in a court of law.
Filing a Lawsuit Against Your Employer in Georgia
Can I file a lawsuit for wrongful termination? If you want to file a lawsuit against your employer in Georgia, you will first need the Notice of Right to Sue granted to you by the EEOC.
When you file a lawsuit against employers for wrongful termination, you are responsible for providing proper evidence to build your case successfully. After filing a wrongful termination claim against an employer in GA, you will need to explain your cause of action and the law your employer violated.
If you are considering your options and how to file a wrongful termination lawsuit successfully, consulting with an attorney may be helpful. Suing for wrongful termination in Georgia can be a lengthy process and requires you to present a solid case with organized evidence, such as paychecks, documentation and witnesses.
The assistance of an experienced lawyer can make pursuing your case easier and more gratifying.
Last Updated: October 18, 2022