What qualifies as wrongful termination?
Asked in Atlanta, GA on November 22, 2024 Last answered on November 22, 2024I was a manager who was recently fired after blowing the whistle on unethical practices at my company. I've decided to sue my former employer for wrongful termination under Georgia law. Can anyone explain what qualifies as wrongful termination in Georgia?
1 answer
Unless you had an employment contract that specified a certain term or duration of your employment, you have no right to file a "wrongful termination" lawsuit even over an unjust firing. Since all employees who don't have employment contracts are employed "at will" in Georgia, firing such an employee is not wrongful. However, there are numerous anti-discrimination laws (like Title VII) that prohibit employers from firing you because of your race, sex, national origin, religion, etc., you may find a remedy in one of these laws, depending on the facts surrounding and leading to your termination.
If you blew the whistle on unethical practices that were also illegal (e.g., fraud) and your employer is a publicly-traded employer, and the fraud is large enough to have an adverse impact upon the value of shares of stock in the company, the Sarbanes-Oxley Act has whistleblower protections under which you can win your job back with backpay (and sometimes attorney fees). If the unethical practices you blew the whistle upon amounted to your employer's tax fraud, the Internal Revenue Code also has whistleblower protections providing for double damages awards, reinstatement, and attorney fees.
There are strict procedural requirements and time limits for using these discrimination or whistleblower laws; so, it is important to consult with an attorney as soon as possible before your rights expire.
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