What is a Wrongful Termination Under Georgia Law?
Understanding Georgia Wrongful Termination Laws: Know Your Rights
The term "wrongful termination" can be misleading. It does not necessarily mean that it was wrong to fire the employee. It simply means the employees rights were violated under the law. (Although, of course, in most cases an employer first needs a valid legal reason to fire someone or risk a wrongful termination claim.) An employer may fire an employee for any reason or no reason at all; however, if the reason is unlawful, the employee may have grounds to file a wrongful termination lawsuit. Common examples of unlawful reason which can constitute wrongful termination include: Under Georgia employment law, these are referred to as "protected classes." An employer cannot fire an employee because of their age, gender, race, religion, or disability. If this happens, the employee may have a wrongful termination case against the employer. The relationship between an employee and employer is known as "at-will." This means that an employer can end the employment relationship with or without notice unless there is a specific employment agreement that requires otherwise. In these cases, the employee may have a wrongful termination claim. While Georgia laws focus on preventing discrimination based upon the protected classes mentioned above , there are also federal employment discrimination laws that strengthen workers’ rights. The Age Discrimination in Employment Act, enacted in 1967, prohibits discrimination in employment because of age for persons over 40 and applies to employers with 20 or more workers. The Civil Rights Act of 1964 prohibits employment discrimination on the basis of race, color, sex, national origin, and religion. This act also applies to employers with 15 or more workers. The Pregnancy Discrimination Act of 1978 added discrimination on the basis of pregnancy, childbirth, or related medical conditions to the list of protected classes. This law applies to employers with 15 or more workers. The Americans with Disabilities Act of 1990 prohibits employment discrimination and applies to employers with 15 or more workers. The Fair Labor Standards Act of 1938 prohibits discrimination for minimum wage and overtime pay violations, prohibits child labor, and establishes basic minimum wage and overtime pay provisions. This law applies to employers with two or more workers. Discrimination unrelated to the protected class or without reason or without notice to the worker may constitute wrongful termination.
At-Will Employment in Georgia
Georgia is an "employment at will" state. What this means is that, in its most basic form, an employee can be terminated for any reason if no laws were violated. It is essential to understand, though, that when I say, "for any reason," this does not include prescribed reasons. For example, you cannot be terminated because of your race, gender, religion, disability, or age. You cannot be retaliated against for reporting illegal or discriminatory behavior or engaging in protected activity. So what does it mean when an employee is employed "at will"? It means that the employee can quit at any time and the employer can terminate him or her at any time (assuming there is no written contract which specifies otherwise) with or without cause. The employee does not have to give an employer a reason for termination, and an employer does not have to provide an "acceptable" reason for termination.
This concept seems pretty simple but, in reality, it is more challenging than it sounds. Certainly, most employers will create a fictitious reason for termination to legitimize the action just in case a subsequent lawsuit is pursued. However, this is generally ineffective. Employers should be reminded that even when terminating an employee "at will" for "no reason," if it is found that the employee’s termination should have been illegal-i.e., discrimination or retaliation-then the employee may have a case.
Causes Of A Wrongful Termination Suit
A Georgia wrongful termination claim can be based on a number of different legal grounds. In addition, an employee must always be aware of the laws that may be applicable to their case, as there are many different ways to prove that a termination was illegal.
Discrimination
For the most part, employers cannot fire someone for discriminatory reasons. Employment discrimination law prohibits employers from firing individuals based on sex, race, age, national origin, sexual orientation, religion or disability, which are considered "protected groups."
Retaliation
Even in "at will" employment, employees can never be terminated for exercising their protected rights. For example, if you attempt to report felonious acts committed by your employer, (such as discrimination, harassment, and safety violations), could be a potential reason for a wrongful termination law suit.
Breach of Contract
Even if you do not have a written contract with the employer, if there are company policies addressing matters such as discipline and termination, the employer could be liable for breach of contract if you are terminated in a way that is inconsistent with the policy.
Family and Medical Leave Act
Georgia employers are allowed to terminate employees for legitimate business reasons. However, the FMLA provides job protection to employees who take family or medical leave for certain reasons. Employees are protected from retaliation for taking leave they are entitled to under FMLA, and are protected from invalid reasons for termination.
Public Policy
Employees are also protected from termination for reasons that violate public policy. Public policy retains to the public good, and a termination that is found to violate this could potentially be the basis for a wrongful termination action.
What is Retaliation and Whistleblower?
An important aspect of Georgia law is the protection in place for employees who report their employer’s unlawful practices or otherwise engage in protected activity. Such individuals should know that if they are retaliated against in the form of a wrongful termination, they have available remedies.
A retaliation claim is most often brought in conjunction with a discriminatory or protected activity claims. It seems that nearly every discrimination or wrongful termination claim I see raised involves a parallel retaliation claim. However, it is more rare to see a retaliation claim raised where the termination is otherwise lawful and non-discriminatory on its face.
Under Georgia law, public employees and private sector employees are protected from retaliation for engaging in protected activity. Public employees are unlikely to be able to bring a claim unless they are covered by the Georgia Whistleblower Act, O.C.G.A. ยง 45-1-4. However, private sector employees are likely to have an available claim under federal law or if the underlying activity that was the basis for the termination was related to an activity under an enumerated Georgia statute. If an employee is terminated after participating in protected activity, and the termination is related to the activity, then the employee should be able to bring a claim of retaliation.
In the private sector, public policy and statutory exceptions exist that protect an employee from retaliation for engaging in protected activities, such as opposing and reporting violations of the law or regulation, refusing to participate in wrongdoing, or participating in a protected investigation. An employee is protected from an employer who retaliates against an employee who engages in the following protected actions:
The employer may not retaliate against the employee for such actions. Although Georgia does not have a general whistleblower protection scheme in its laws, individual statutes may contain whistleblower protections. Federal law, such as Title VII, may also contain anti-retaliation provisions.
Remedies For a Wrongful Termination Suit
The legal remedies that are available to employees who have been wrongfully terminated depend on the specific claim that is at issue. If the termination occurred in violation of a contract, the employee is entitled to the relief that the contract itself provides. Under several grounds, wrongful termination laws allow the employee who was wrongfully terminated to sue to recover any actual damages suffered as a consequence of the termination. This can include compensatory damages, punitive damages and even liquidated damages. Unless the law specifies a time period for which damages are recoverable the damage’s period will be the length of time during which it was reasonable to look for work or other similar work that the employee performed before being discharged. In some cases, if there was no job that the employee could have found , the court may impose a set-off period following the termination while the employee sought similar employment. If the employee was wrongfully terminated because of a discriminatory decision the employee may be entitled to compensation for lost wages, including disability, medical costs and fringe benefits, reinstatement where possible and attorney’s fees. The remedies that are available in cases of discriminatory discharge also include declaratory and injunctive relief.
Victims of workplace discrimination also have the right to file complaints with the Equal Employment Opportunity Commission (EEOC) against their previous employer for illegal conduct. If damages are awarded following the filing of a discrimination complaint with the EEOC, the maximum recovery amount is capped at $300,000.
Complaining About A Wrongful Termination
If an employee believes to have experienced a wrongful termination, a number of different actions may be taken in an attempt to seek remedies. In Georgia, no state agency is specifically dedicated to helping employees fight wrongful terminations. However, there are federal government institutions that may provide guidance. The following steps may be taken to file a complaint for wrongful termination:
Gather evidence
The employee must keep notes or documentation related to the situation. This may include documentation or even a personal journal of events that may be deemed discriminatory and thus, illegal.
File a claim
There may be multiple wrongful termination claims available to file. Discrimination claims may be filed with the Equal Employment Opportunity Commission (EEOC) or state agency, depending on the dispute. Additionally, any whistleblower allegations may be filed with the Federal Occupational Safety and Health Administration or Georgia Department of Labor.
File within the required deadline
An EEOC complaint must be filed within 180 days of the alleged wrongful termination. Individuals may extend this time to 300 days if it is also filed with a State or local fair employment practices agency. The deadline for filing a state law complaint with the Georgia Commission on Equal Opportunity is 180 days.
Seek legal counsel
The employee will need legal guidance throughout the process. There are many different wrongful termination claims that can be filed. An attorney can aid in planning out the course of action.
Legal Advice In A Wrongful Termination Case
When dealing with a potential wrongful termination issue, it is important to seek the assistance of an experienced attorney who has handled similar cases. An attorney in Georgia can help you understand the laws that apply to your situation and your options for pursuing legal action against your employer.
To prepare for your first meeting with a wrongful termination lawyer, gather any relevant documents and correspondence regarding your employment and termination. Bring your paycheck stubs, copies of your employment contract, company handbooks , and any other documents that may be relevant to your case. An attorney will review these documents and discuss your options with you during your initial consultation.
Keep in mind that there are time-sensitive deadlines associated with wrongful termination claims, so you should consult with an attorney as soon as possible. Your attorney can advise you on how long you have to file a claim, what paperwork you need to submit, and how to get your case started.
In Georgia, wrongful termination cases can be tricky. While you cannot sue for being terminated without cause, you can file a claim for damages if you were fired in violation of federal or state laws, including anti-discrimination laws.
