What is Wrongful Termination?
Any time someone is fired in Atlanta, it probably feels “wrong.” There could be any number of extenuating circumstances that might seem unfair, one-sided, or just plain illogical.
The fact is, though, that doesn’t have anything to do with the designation of “wrongful termination.” Being fired without cause may feel bad, but wrongful termination indicates an illegal firing.
Three Questions to Ask Yourself About Being Fired
- Have you been let go and feel that it breaches a written contract you had with your hiring organization?
- Were you fired in retaliation for standing up for your rights as a worker?
- Are you a victim of discriminatory practices?
There are some paths to recourse, but the state of Georgia doesn’t give you a lot of wiggle room. You’ll likely need a fair labor lawyer like Nick Martin to help you navigate whether or not you should bring a lawsuit.
If you get the inkling your firing might have not been on the up and up, read on to find out more.
Georgia Law on Wrongful Termination
When thinking about bringing a wrongful termination suit, you need to understand what you’re getting into. Georgia is an “at-will” employment state, which means an employer is free to let you go at any time, without cause, explanation or prior warning. Good reason, no reason, bad reason – your employer can fire you with limited exceptions.
The employer may not like the way you deal with a customer and fire you on the spot. The one balance in the employee’s favor is that you can quit at any time without reason. A two-week notice is polite, but you’re under no obligation to give that to an employer. As such, the state gives employers a great deal of power when fighting wrongful termination suits.
How the Fair Labor Standards Act Protects Against Retaliation
That said, there are federal protections that have your back. The FLSA (The Fair Labor Standards Act) is there to make sure you’re free from retaliatory threats and termination.
Have you been considering bringing a Wage and Hour lawsuit against your company because they aren’t paying you properly for your overtime? Did you exercise your right to workers’ comp even though they didn’t want you to? If they try and find a way to make you pay for just asking for what you’re due, you may discover your firing was illegal.
How the Fair Labor Standards Act Protects Whistleblowers
There is another, more sinister, retaliatory threat you may have to worry about. There are also federal protections in the FLSA for whistleblowers. If your company is engaging in illegal acts, you’re obliged to report them to the proper authorities.
Sometimes people in positions of power might put pressure on you to break the law as “the cost of doing business.”
Don’t listen to them.
You’re protected from retaliation, so there’s no excuse to not do the right thing.
Other Laws That Protect Atlanta’s Workforce
There are, of course, other federal laws that protect workers from wrongful termination.
- The Civil Rights Act of 1964 offers protections from discrimination based on race, color, religion, or national origin.
- The Equal Pay Act of 1963 covers discrimination based on gender or sex.
- The Age Discrimination in Employment Act of 1967 looks out for employees over the age of 40.
- The Americans with Disabilities Act and the Rehabilitation Act of 1973 protect qualified individuals based on their disability.
Discriminatory hiring and firing is never acceptable.
It can sometimes be hard to prove, but it’s worth examining, if you think you may have been fired for a physical characteristic.
Has an Agreement Been Breached by Your Employer?
The final cause for bringing a wrongful termination suit would be breaching a written contract. Your employer would expect you to uphold your part of a written contract, so you should expect them to as well.
Contracts can be occasionally difficult to get to the bottom of, especially if you aren’t particularly well-versed in legalese. If you need someone to look over your contract to see if your firing was illegal, The Law Offices of Nicholas P. Martin are here for you.
Bringing a wrongful termination suit can be scary; most people aren’t ever involved in litigation like this. But you shouldn’t let a business make you feel powerless.
If you end up winning your wrongful termination suit, you could be entitled to wage recovery, financial damages, job reinstatement, and the payment of your lawyer’s fees. In total, it’s worth examining.
Atlanta Wrongful Termination Lawyer
The State of Georgia gives employers a lot of power, there’s no doubt about that.
Working in an at-will environment can be stressful and, if you’re fired, it will likely feel “wrong.” But if you’ve got an inkling at the back of your mind that it might also be illegal, give us a call now. You need someone to have your back and Nick Martin is ready and willing to do just that.
Nick enjoys helping the people of Atlanta with their personal injury and fair labor issues. When he’s not working, Nick can be found woodworking, competitive rifle shooting, enjoying the outdoors, and spending time with his family.
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