Wrongful Discharge- A Rare Lawsuit for Employees

       Many people believe they can sue their employer if they are unfairly fired.  However, employees generally have no right to continued employment as Georgia employees work “at will”.  That means they can leave at any time and they can be fired at anytime, without any “good cause”.  Many economists believe this makes for a dynamic and strong economy, but it is tough at the individual level.

 

      Important exceptions to “at will” employment arise where there is an employment contract; or if there are violations of statutory rights.  Some oral employment agreements can be effective but for the most part they must be in writing. 

 

    Also, the contract must be clear in setting forth the term or duration of the employment, the compensation, the place, the duties, and the reasons for terminating early, among other things.    A contract that did not identify the corporate employer, but was on the stationary of a subsidiary of the corporation at issue was recently interpreted by the Court of Appeals as not sufficient.  Nor was the description as president sufficient to identify the president’s duties.  An employer might also escape contract duties where the contract is signed by a corporate officer, but not by the corporation board where the bylaws require board approval.

 

     In other words, employment security remains limited in Georgia.

 

 

 

The information provided in this summary is general and for information only and

does not constitute legal advice for any particular situation of facts and circumstances.

If you have need of legal advice, please consult an attorney for your specific questions.