If you have been fired by your employer in Atlanta, it’s important for you to know whether your termination was legal. In situations where employers fire workers for improper reasons, those employees may be entitled to legal relief, including compensation and reinstatement.
Most Atlanta employees work under an employment “at will” situation. This allows both workers and employers to terminate the relationship at any time for almost any reason.
However, there are some important distinctions and employee protections regarding the at-will rule that are necessary to know when it comes to determining the legality of a termination. For instance, termination may be a violation of an employee’s civil rights if it was based on illegal discrimination or made in retaliation for exercising legal rights. An employee with a contractual relationship may be entitled to relief if the employer violated the contract.
At The Leach Firm, P.A., our Atlanta wrongful termination attorneys have more than 50 years of combined litigation experience. We’ve fought to protect the rights of thousands of workers.
FAQs About Wrongful Termination
Many of the employees who reach out to us bring similar questions and concerns. Frequently asked questions we receive about wrongful termination include:
1. What is considered wrongful termination in Atlanta?
Employers may not terminate the employment of any individual due to factors protected by discrimination laws or for exercising their rights as employees, such as by reporting discrimination, making a worker’s compensation claim, or confronting a company about unpaid overtime or incorrect employee categorization. These are just a few of the many reasons that an employer is not permitted to fire someone. If you have been let go due to reasons such as these, you may have been wrongfully terminated.
2. Do employees have any rights in Atlanta?
Even at-will employees in Atlanta have a large number of rights in the workplace. These include the right to work while pregnant and not to be discriminated against on the basis of age, sex, religion, sexual orientation, marital status, color, national origin, or disability. Employees who file workers’ compensation claims, take leave due to sickness or family concerns, or even testify against an employer in court cannot be terminated for these actions.
3. Can I sue for being wrongfully terminated?
If you believe that you have been wrongfully terminated, you have the right to pursue legal action against your employer. It is important to gather as much evidence as possible to support your claim. For instance, if you presented data showing that all individuals of a certain nationality were fired for a particular type of conduct while the rest of the employees were only warned for the same conduct, that could demonstrate wrongful termination based on illegal discrimination.
The specifics of each individual situation will vary greatly. Even if you cannot directly prove that an illegal action occurred during your termination, an employment lawyer may successfully persuade your employer to agree to take action to resolve the conflict.
4. Is it hard to prove wrongful termination?
Proving wrongful termination can be a particular challenge in an employment at will situation. Employers are permitted to fire anyone at any time, even if their performance is satisfactory. This means that if a termination is challenged, an employer will likely cite a justifiable reason, such as unwillingness to be part of a team or being too slow to learn. Be sure to collect as much evidence as possible if you believe that you were terminated wrongfully.
5. How long do you have to file a wrongful termination lawsuit in Atlanta?
In Atlanta, the applicable statute of limitations gives employees 180 days from the date they learned of the discrimination to take legal action. In many cases, the date the employee learned about the discrimination and the date it occurred will be the same.
6. How long do wrongful termination cases take?
The length of a wrongful termination claim will depend on the details of the case. Employers who are willing to settle in order to avoid conflict will typically resolve a case quickly. However, those who fight the allegations may take the case to court, which will extend the time due to discovery and other phases of the litigation process. Your attorney can provide a clearer understanding of how long you can expect your individual case to take.
Contact a Dedicated Atlanta Wrongful Termination Attorney
At the Leach Firm, P.A., our proven legal services are designed to help you keep your job or obtain compensation from your former employer for wrongful discharge. We strive to provide legal solutions while partnering with you to help you fight for your rights in the workplace.
If your employer violated state or federal standards, we will work hard to recover compensation or other appropriate remedies. Contact a knowledgeable Atlanta wrongful termination attorney for a free consultation and case evaluation to learn what may be possible to achieve.