Legal Question in Employment Law in Georgia

Lay Off

I've worked with a chemical company in Georgia for 21 years in the R&D/Quality Control derpartment. Never had verbal or written warnings. Business has declined significantly and 5 employees were laid off due to lack of work. Several employees were kept that has less time and expereince with this company. I feel that this was a personal and not business decision in not keeping me. The owner made a staement back in 2006 which I have documented ''don't worry I don't have a gun to your back''. This statement was made as I was sitting at a computer working and he walked up behind me. Can the company lay off any employees they choose?


Asked on 3/29/08, 10:14 am

1 Answer from Attorneys
Jack Rosenberg Jack Rosenberg, Attorney at Law

Re: Lay Off

Generally yes, unless the decisions are based on illegal factors such as age, race, national origin, religion, disability, etc.

If the decision was NOT on one of the illegal factors, and was just a personal one based on who they like, not legally actionable. But if seniority system was used in the past and not used now, then possibly could prove an illegal layoff.

It's going to depend a lot on the analysis of the 5 EE's laid off. Were they all over older (over 40) and those kept much younger, were they all African-American, and those kept, Caucasian, etc?

Read more
Answered on 3/29/08, 11:05 am


Related Questions & Answers

More Labor and Employment Law questions and answers in Georgia