Under What Circumstances Will I Have a Case for Wrongful Dismissal?
Wrongful dismissal is a catch phrase that is popular in society. Often times it is the term that is used synonymously by most people with getting fired. Not everyone that gets fired or terminated from their job has been subject to a wrongful dismissal. Since Georgia is an at will employment state, like most states are, an employee can be fired for any reason. A good reason, a bad reason, just not a discriminatory reason or a reason that is against the law of the State of Georgia or the federal government. Unfortunately, the State of Georgia does not have a lot of laws that protect employees from wrongful dismissal. Fortunately though, the federal government has enacted protections against wrongful dismissal. That’s why it is imperative to go over all of the facts with an experienced wrongful dismissal attorney who can determine which federal law applies to your situation.
The courts of Georgia have consistently held that they will not usurp the legislative function and, under the rubric that they are the propounders of public policy, undertake to create exceptions to the legal proposition that there can be no recovery in tort for the alleged wrongful dismissal of the employment of an at-will employee.
Because the at-will concept is so strong, Georgia courts have dismissed all wrongful dismissal claims unless a statute: applies to the employer at issue; specifically prohibits the type of discharge at issue; and specifically authorizes a civil lawsuit against violators.
These requirements severely limit the types of viable wrongful dismissal claims because most of the relatively few Georgia statutes restricting discharge either do not specify any remedies or authorize only criminal sanctions or fines.
Regardless, it is likely that if you feel like you have been subject to a wrongful dismissal we will be able to find a federal or state law that your employer has violated such as the federal laws governing: disability discrimination, retaliation, sexual harassment, hostile work environment, sex discrimination, pregnancy discrimination, sexual orientation discrimination, race discrimination, religious discrimination, disability discrimination, minimum wage and hours and overtime, and other violations of statutory law, including claims under the Family and Medical Leave Act (“FMLA”), Title VII, the Americans with Disabilities Act as amended, the Age Discrimination in Employment Act, Fair Labor Standards Act, the Civil Rights Act, and constitutional claims against governmental entities. The only way to know for certain is to call a wrongful dismissal attorney and discuss the facts of your case. Charles Herman Law represents clients in the Savannah, Brunswick, Hinesville, Springfield, Pembroke, and Pooler Georgia area.
If you believe that your employer has subjected you to a wrongful dismissal, call me at (912) 244-3999 to schedule a free initial consultation so we can sit down and talk about the facts of your case and so that I can give you my opinion about whether or not you have a case.