Under Georgia law, employees may be terminated at-will, meaning that an employer may terminate an employee for any non-discriminatory reason, without warning or cause. However, there are certain exceptions and limitations to this rule.
For example, employers cannot terminate employees in retaliation for reporting certain violations or engaging in certain protected activities, such as whistleblowing, filing a workers' compensation claim, serving on a jury, or engaging in union activities.
Employers also cannot terminate employees based on discriminatory reasons, such as race, color, religion, sex, national origin, age, disability, or genetic information. Additionally, employers cannot terminate employees for taking leave under the Family and Medical Leave Act (FMLA) or the Americans with Disabilities Act (ADA).
If an employee believes that their termination was in violation of any of these exceptions or limitations, they may have legal recourse through filing a complaint with the Equal Employment Opportunity Commission (EEOC) or the Georgia Department of Labor (DOL), or through filing a lawsuit.
It is important for employers to document their reasons for terminating an employee and to ensure that their decision is not based on discriminatory or retaliatory reasons. Employers may also consider offering severance pay or other compensation in exchange for a release of any potential legal claims from the terminated employee.
If an employer is unsure about the legality of terminating an employee, they may wish to consult with a licensed attorney for advice specific to their situation.
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