Legal Question in Discrimination Law in Georgia

Wrongfully terminated

On friday the 6 day of febuary my boss told me that I was terminated. She stated that I was not catching on to my job. She also stated that I could remain employed for two weeks. I reported in to work that following and collected all of my belongings and left. Today I recieved a seperation notice which stated the reason why I was terminated was due to lack of work... If the company hires someone immediately after I was terminated is this grounds for a law suit?


Asked on 2/11/98, 5:47 pm

1 Answer from Attorneys

Byron Sanford Briskin, Cross & Sanford, LLC

Re: wrongfully terminated.

It is impossible to give you a definitive answer based on the abreviated set of facts which you have provided. In general, however, wrongful termination is very difficult to prove under Georgia law. Georgia is a "right to work" state, which is to say that an employer does not have to have "cause" to terminate an employee. Under Georgia law, to succeed is a wrogful termination suit, the plaintiff must show, by a perponderance of the evidence, that her or she has been terminated for an impermissible reason (for example on the basis of race, gender or age).

Based on the facts that you have given it is impossible to tell whether this burden can be met. With further information, however, it may be possible to determine whether you have a valid basis on which to bring a suit for wrongful termination and/or discrimination.

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Answered on 2/15/98, 11:16 am


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