Definition of Wrongful Termination in Georgia
Each state has laws protecting employees from being wrongfully terminated from their place of employment. Wrongful termination occurs when an employee is laid off or fired by an employer in a way that violates the employee's legal rights.
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Georgia Wrongful Termination Laws
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The state of Georgia strictly follows the federal laws outlined in the Federal Labor Standards Act of 1938 and the Civil Rights Act of 1964. These federal laws give state agencies the authority to investigate all wrongful termination claims. In Georgia, any employer or employee may end employment without notice, except for reasons specified in federal and state laws, such as race, religion, national origin or sex, meaning that an employer would be in violation if it were to terminate an employee because of her race, religion, national origin or sex.
Specific Labor Laws
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In federal and state laws, there are legal rights that every employee is guaranteed. Those rights are listed in the state of Georgia's specific labor laws. Labor laws pertain to all employees and guarantee that each person that is employed in the state of Georgia will receive certain benefits. A few of the benefits that all employed individuals receive are minimum wage (which means that every employed person that works the specified hours set forth by the employer must receive at least $7.25 an hour) and time off for jury duty (which means employees will not be penalized for being absent from work when called for jury duty).
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Discrimination Law in Georgia
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Discrimination law states that no individual will be terminated because of race, religion, sex or national origin. Any employee that is terminated because of his race, religion, sex or national origin has grounds to file a lawsuit against the employer. However, before filing a lawsuit, the employee must file a claim with the Equal Employment Opportunity Commission (EEOC). Georgia has a set of procedures that an individual must follow when filing a wrongful termination claim. The procedures are as follows: only state agencies can investigate such claims as wrongful termination, private lawsuits are not allowed and claims of wrongful termination must be filed within 180 days of the employee's termination.
Filing a Claim
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The EEOC is required by state law to pursue claims of wrongful termination. The EEOC is responsible for investigating the claim, providing mediation or conciliation to those involved in the situation, and, if needed, must file the lawsuit against the employer.
Outcomes of a Wrongful Termination Claim
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There are several possible outcomes for a wrongful termination claim, including reinstatement of the employee's job and back pay for time lost. Another possible outcome is compensation for stress and damages caused as a result of being terminated. Mandated policy changes to ensure no future employee be wrongfully terminated is another possible outcome. An individual who claims wrongful termination may expect to have one or a combination of these outcomes occur. However, if the employee does not receive back pay or reinstatement, state law prevents him from filing any private civil actions against the former employer.
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References
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