Wrongful Termination

If you believe that you have been wrongfully terminated from your place of employment, an attorney at the law firm of Mays & Kerr will answer your questions and assess your situation to determine if you have a valid claim. If you have been wrongfully terminated, we will aggressively fight to help you obtain the justice that you deserve. Our hardworking lawyers are committed to helping clients recover the maximum amount of compensation they are entitled to receive.

Every attorney at Mays & Kerr works tirelessly to resolve clients' employment law issues. We leave no stone unturned when it comes to investigating cases of wrongful termination. If you are an employer who has had a wrongful termination claim filed against you, we will aggressively defend your company to protect you from liability. We handle each case with an unwavering commitment to help clients secure a successful legal outcome.

Georgia Wrongful Termination Laws

An employee has the right to sue an employer for damages if he can prove that he has been illegally terminated. Georgia is an at-will employment state, meaning that an employee can be fired for any reason except an illegal one.

Types of Wrongful Termination:
  • Discrimination
  • Breach of Contract
  • Family or Medical Leave
  • Retaliation
Employment Discrimination

Title VII of the Civil Rights Act of 1964 prohibits an employer from discriminating against employees who are members of a protected class. Under Title VII, employers are prohibited from discriminating on the basis of race, sex, religion or national origin. Title VII does not apply to all employers, but it does apply to employers with 15 or more employees.

Breach of Contract

Although Georgia is an at-will employment state, an employer cannot fire an employee if it would violate the terms of a contract. If you signed an employment contract when you began working for your employer, the terms of the agreement will be enforceable in court. Even if you did not sign an employment agreement, you may be able to establish that the employer breached an implied contract. Company policies, employee handbooks and promises of job security can constitute an implied contract. A skilled lawyer can assess your case to determine whether you have a viable cause of action.

Retaliation

Employers are not allowed to punish employees for engaging in an activity that is legally protected, such as complaining about harassment or discrimination in the workplace. If you suspect that your firing was due to retaliation, contact a Georgia discrimination attorney to determine if you have a viable claim for wrongful termination.

Family or Medical Leave

The federal Family and Medical Leave Act (FMLA) provides protection to employees who take time off from work because of a medical or family matter. Employers can take leave from work due to a medical condition, pregnancy, adoption or other personal family matters. Under the FMLA, an employee can take a maximum of 12 weeks off of work within a calendar year. Although they will not receive pay during the leave, they are able to maintain their health coverage. Once the employee returns to work, the employer must reinstate the employee in an equivalent position.

Filing Claims with the EEOC

If you believe that you have been wrongfully terminated, you may need to file a claim with the Equal Employment Opportunity Commission (EEOC). The EEOC enforces federal laws related to retaliation and discrimination. The EEOC will conduct an investigation into your allegations. If they find that you were illegally terminated, you can attempt resolve the dispute through settlement or a lawsuit. In many cases, you will not be able to file a lawsuit for wrongful termination on your own behalf unless you are able to demonstrate that the EEOC investigation was not adequate. A skilled lawyer can evaluate your situation and help you file a compelling claim with the EEOC.

Contact a Lawyer to Discuss Your Wrongful Termination

If you believe that you have been illegally fired, contact an attorney at Mays & Kerr to discuss your situation. You may have grounds to file a wrongful termination lawsuit.