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Georgia Wrongful Termination Laws
Georgia has few laws that supplement or extend the employment protections under federal laws such as the Federal Labor Standards Act of 1938 and the Civil Rights Act of 1964. And in fact, state agencies are given the authority to pursue all wrongful termination cases. Georgia is an “at will” state, as well, which means that both employees and employers have the right to terminate employment for any reason except those specifically outlined in federal and state laws.
Georgia’s Specific Labor Laws
Those state laws which permit Georgia employees to supplement the federal employment guidelines include the following:
|
Benefit |
State Law |
Additional Benefits |
|
Right to Work |
Yes |
|
|
State Minimum Wage |
$5.15 |
For employers with 6 or more employees and who do more than $40,000 in sales; minimum wage does not apply to tipped employees |
|
State Military Leave |
Yes |
Unlimited unpaid leave; up to 6 months leave in any 4-year period for education or training; guaranteed reinstatement with full benefits if employer circumstances remains unchanged; 90 days after discharge to apply for reinstatement |
|
Jury Duty |
Yes |
No penalties for responding to a subpoena or court appearance after reasonable notice |
|
Voting |
Yes |
Unpaid time off if necessary; reasonable notice required |
|
Garnishment |
Yes |
Child support; $25 fee for 1st garnishment, $3 for additional garnishments |
|
State Family & Medical Leave |
No |
|
|
Arrest & Conviction Records |
Yes |
Employer must provide fingerprints or employee consent to obtain; if used to disqualify, must report all reasons in writing to employee; probation is not considered conviction and employment decisions cannot be based upon probation time served |
|
Discrimination |
Yes |
15 or more employees for disability; 10 or more employees for gender; disability (physical or mental), gender (for wage discrimination only) |
|
Whistleblower |
Yes |
Public employees |
|
Plant Closings |
No |
|
*These laws change often, so consult state statutes for the most up-to-date information.
Georgia Discrimination Laws
Federal laws protect the basic rights of race, color, religion, sex or national origin for Georgia employees, and state statutes have additional protections in a few areas. If those rights are abused, employees may file a claim with a state office of the EEOC to pursue remedies according to the following standards:
- Enforcement, administration, and investigation of wrongful termination cases is permitted by state agencies only
- Employees are not permitted to file private lawsuits
- Employees are permitted to recover attorney’s fees from a defendant at the discretion of the court
- Statutes of limitations are 180 days.
Filing a Claim for Wrongful Termination
The Equal Employment Opportunity Commission (EEOC) is primarily responsible for pursuing federal and state claims for wrongful termination using these processes:
- Investigation
- Mediation/Conciliation
- File a lawsuit, when appropriate
If the employee is not compensated or reinstated as a result of agency action, state law does not allow them to pursue private civil actions.
Legal Remedies for Wrongful Termination
Employees may expect any or all of the following remedies when pursuing a case for wrongful termination through a state EEOC agency:
- Reinstatement
- Back pay
- Compensation for stress and suffering
- Punitive damages to prevent further abuses by the employer
- Mandated policy changes to protect other employees in that company
Georgia employers who fail to abide by federal or state employment standards for hiring and firing may face the following penalties:
- Jury duty – employers may be liable for damages and attorney’s fees.
- Whistleblower – public employees may be able to have prohibited employer action set aside
State EEOC agencies are primarily responsible for pursuing claims for wrongful termination. However, if an employee has a more complex case or is unsure of how to secure proper pursuit of their rights, they may need call on an employee rights attorney to advise them during the EEOC claim process.
Local Resources
Georgia EEOC Offices
Atlanta District Office
100 Alabama Street, SW
Suite 4R30
Atlanta, GA 30303
404-562-6800 or
800-669-4000
TTY: 404-562-6801 or
800-669-6820
FAX: 404-562-6909
Savannah Local Office
410 Mall Boulevard
Suite G
Savannah, GA 31406
912-652-4234 or
800-669-4000
TTY: 912-652-4439 or
800-669-6820
FAX: 912-652-4248
Atlanta District Office
U.S. Equal Employment Opportunity Commission
Atlanta, GA
404-562-6800
800-669-4000
www.eeoc.gov/atlanta/index.html