Have you been wrongfully terminated?
Georgia is an “at-will” employment state. Generally, you can be fired at any time, with or without cause, and regardless of the employer’s motive.
However, there are some exceptions to this general rule:
1. Contract employees. If you have an employment contract for a definite term, the contract will govern how you may be terminated, suspended or demoted. For example, all teachers in the State of Georgia are currently employed by one-year contracts. Therefore, the ability of a school district to terminate a teacher within the contract period is governed by the contract.
In some cases, an employment handbook is sufficient to create contractual obligations.
2. Discrimination against employee of a protected class. If you have been terminated, suspended, demoted or discriminated against because of your race, color, national origin, sex, gender, pregnancy, religion, age or disability, or if you were retaliated against because you complained about such discrimination, you may have a claim against your employer under Title VII of the Civil Rights Act of 1964, the Age Discrimination in Employment Act (“ADEA”) or the Americans with Disabilities Act (“ADA”). These statutes are complex and require an in depth analysis to determine if they apply and the sufficiency of evidence to support the claim.
3. Federal whistleblowers. If you have been terminated, suspended, demoted or retaliated against because you have complained about unsafe or unhealthful conditions in your workplace, environmental problems, public safety hazards, violations of federal provisions concerning securities fraud, or for engaging in other related protected activities, you may have a federal whistleblower claim against your employer. Federal whistleblower statutes are complex and require an in depth analysis of each case to determine if they apply and the sufficiency of evidence to support the claim.
4. Georgia whistleblowers. If you are an employee of a federal or state agency (including department, board, bureau, commission or authority) and have been terminated, suspended, demoted or retaliated against because you have disclosed a violation of or noncompliance with a law, rule, or regulation to either a supervisor or government agency; you may have a state whistleblower claim against your employer. The state whistleblower protection law is complex and requires an in depth analysis of each case to determine if it applies and the sufficiency of evidence to support the claim.
5. Other situations in which employees may be protected by state statutes. Other state statutes provide protections for certain employees, including: employees subject to garnishments, O.C.G.A. § 18-4-7; employees attending judicial proceedings, O.C.G.A. § 34-1-3; and employees with disabilities, O.C.G.A. § 34-6A-6.
If you have been terminated, demoted, suspended, or otherwise retaliated against by your employer, and you believe that your situation meets one of these at-will employment exceptions, please contact us to discuss your case.
Alan S. Lowe & Schoolar, P.C. is located in downtown Savannah, Georgia, and serves clients throughout southeast Georgia, including Chatham County, Effingham County, Bryan County, Bulloch County, Liberty County, McIntosh County and Glynn County.
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