In Georgia, most employment is considered "at will". This form of employment follows the principle that either the employer or the employee may terminate the relationship at any point, for any reason. Essentially, the only limitation or exception in an "at will" employment is that the termination must not conflict with the law.

Employment that does not fall into the category of "at will" is not subject to the same restrictions. Thus, it is critical that you identify what type of employment arrangement you are involved in. Work arrangements that are based on an employment contract are often not "at will", and so they cannot be terminated except according to the contract procedures.

What are the Illegal Grounds for Terminating At Will Employment in Georgia?

The most common illegal ground for terminating a Georgia employee is discrimination. An employer cannot terminate an employee simply for being of a certain race, nationality, religion or gender. An employer in Clarkston also cannot fire at-will employees in retaliation for the employee filing a claim for discrimination or seeking an investigation of discrimination against the employer.

Also, under the Family and Medical Leave Act, employers may not terminate employees who have taken leave for family reasons or medical treatment. Lastly, employers are prevented from terminating an employee because they have exercised a legal right, performed a legal obligation, or have refused to do something that is illegal.

Do I Need a Georgia Attorney for My Wrongful Termination Case?

Local Clarkston, Georgia lawyers can thoroughly inform you regarding whether a wrongful termination has in fact occurred. They can also help you gather the necessary documents for your case, and can guide you through any procedures that may be unique or unfamiliar.