Legal Question in Business Law in Georgia

Wrongful Termination

My team was facing cutbacks due to reorganization of product sets. My mgr moved me into a recently vacated position uneffected by cutbacks. I was successfully performing the job for over a month with stellar evaluations when out of the my mgr moved the senior white male co-worker (who was also possibly going to be effected by cutbacks but who had been clearly less productive as well as evaluated lower then myself) into the position I was doing. The only rationale given was that I was a single mother w/ kids and she felt the job might be to stressful for me. I can substiate all of the above. I believe the real reason is that my salary was much higher then my co-worker. Hence, a financial deciscion was made to keep him. I am now in limbo and facing job elimination. Do I have a possible cliam for wrongful termination?


Asked on 3/11/08, 2:41 pm

2 Answers from Attorneys
Jeff Kent Kent & Merritt, P.A.

Re: Wrongful Termination

If your suspicions about the true reasons for putting the man in your position are true, you probably do not have a legal claim. However, if the reasons your boss gave you are true, you very well might have a claim. If he moved the other person into the job because you are a single woman, this might very well be evidence of sex discrimination.

The foregoing is general information only, not specfici legal advice. No attorney/client relationship has been created or should be implied.

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Answered on 3/11/08, 2:57 pm
Paula McGill Attorney at Law

Re: Wrongful Termination

I agree with Mr. Kent regarding his analysis. I

If you want to pursue your claim based on what your employer told you, you should file a charge with the EEOC. Read the information on the EEOC regarding the requirements for coming under the agency's jurisdiction. (www.EEOC.gov) You can also contact an attorney offline to schedule a consultation to further discuss your potential claims.

Although I also practice in Georgia, I am not taking new employment discrimination claims at this time.

This response is based on the limited information provided and does not create and attorney-client privilege.

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Answered on 3/11/08, 5:51 pm


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