When you are fired from your job, you may not agree with the situation. You may feel that the employer treated you poorly and that they terminated you without a reason. However, just because you don’t agree with your employer doesn’t mean that you were wrongfully terminated. In Atlanta, as elsewhere in Georgia, employers have significant freedom to fire employees at will. Termination may only be wrongful if it violates the law.
What Is the “At-Will” Employment Law?
Georgia law allows employers to hire and keep employees “at will.” This simply means that employers may terminate an employee for any reason or for no reason. However, an employer may not terminate an employee due to discrimination or in retaliation for an action such as whistleblowing. In addition, special rules apply to employees with disabilities. The law also protects those who have employment contracts in place when the contract states that the employee cannot be fired unless there is just cause. In that case, the employer must prove that there was a legitimate reason for the termination.
Generally, an employer will take steps to rehabilitate an employee prior to termination. Some employers have their own rules in place that govern how they handle reprimands and terminations. Although a company may have their own guidelines in place, they are required to follow the law, and this means that ultimately they may have the right to terminate employment for any reason.
What If My Rights Were Violated?
If you were wrongfully terminated by your employer, you have the right to file a lawsuit against the company. This is known as a wrongful termination lawsuit. Employers generally try to resolve these types of lawsuits before they get as far as court. You may be entitled to backpay and might be reinstated at your previous position. In addition to wrongful termination, you might be able to file a suit if the employer violated the Fair Labor Standards Act (FLSA).
FLSA requires employers to follow overtime standards and keep records regarding overtime and regular pay for employees. In some instances, an employee should receive overtime pay but has been provided only regular-time pay. Employers may incorrectly classify an employee as exempt from overtime when the employee is non-exempt. Most hourly workers are often entitled to overtime pay. Each company handles these issues differently.
Call an Atlanta Workers Comp Law Firm Today
If you feel that you were wrongfully terminated, discriminated against, or paid improperly, you can take legal action. It is best to seek assistance from an experienced Atlanta workers comp attorney. Your Atlanta workers comp lawyer will review all the details of your case and gather information to determine the best way to proceed. You may have options available to you if you were wrongfully terminated. You might be owed compensation as well as benefits and other compensation forms. We can help you resolve the situation and get the money you deserve. Contact our legal team to discuss your case with a free initial consultation at The Bader Law Firm.
Seth Bader is an Auto accident, Workers Compensation and Personal Injury Attorney who practices in Atlanta, Rome, Savannah, Norcross, Carrollton, Georgia. He graduated from Florida State University College of Law, and has been practicing law for 14 years. Seth Bader believes in fighting for the injured. Learn more about his experience by clicking here.