Common FAQs – Employment Law
1. MY EMPLOYER FIRED ME, BUT IT DID NOT GIVE ME A SEPARATION NOTICE. ISN’T THAT ILLEGAL?
While Georgia law does require an employer to provide you with your separation notice pursuant to OCGA 34-8-190(c), an employee does not have a private right of action under Georgia law if the employer fails to provide the notice.
2. MY EMPLOYER FIRED ME BECAUSE MY BOSS SAID I STOLE MONEY FROM THE COMPANY. I DIDN’T STEAL MONEY AND I CAN PROVE IT. CAN I SUE FOR WRONGFUL TERMINATION?
In Georgia (and in many states), most employees are considered to be “at will” employees. This means that an employer can terminate an employee’s employment for any reason — whether good reason, a bad reason, or no reason at all — so long as the reason does not violate a law. If you didn’t steal money, and you can prove the employer knew that you didn’t steal money, you still need to be able to show that the “true” reason for the termination was an illegal reason.
3. I WAS FIRED AND I AM NOT SURE IF I AM ENTITLED TO UNEMPLOYMENT BENEFITS. SHOULD I APPLY?
The Georgia Department of Labor has a helpful handbook that discusses the procedures and standards. It provides the handbook in both English and Spanish. It also has a useful website that answers many of the common questions that arise in connection with unemployment benefits.