Georgia Employment Contracts Legal Questions

It is not appropriate to sign an affidavit that is not true.  Your contract may have a provision that requires you to sign an affidavit upon leaving, but otherwise there is nothing in the law that would require you to do so.  If you wish to sign the affidavit so that you leave the firm on good terms, it is recommended that it be part of a severance agreement so that you are otherwise protected.... Read More

On their face, it appears that these facts support a claim of discrimination on the basis of gender.  Of course, your employer may dispute your facts and/or offer non-discriminatory explanations for them, so there is no guarantee, but it looks like you may have a good case. P.s. maybe I'm just dense, but I don't get the licking the fingers reference.... Read More

You should not be bound by a covenant to which you never agreed (I'm assuming you didn't agree orally either).  Moreover, restrictive covenants in employment are looked at with disfavor and are often either unenforceable or modified to reduce their scope.  However, that doesn't mean that your old employer might not commence legal action against you and your new employer. ... Read More

Unless you have a contract  (which could be a union contract or, sometimes, an employee manual) for a required duration (i.e. a 2 year employment agreement) or one which limits the reasons for which you can be fired (e.g. "employee can only be terminated for ... ), or unless you believe you were fired for reasons which are unlawful by statute (e.g. for race, sex, age, religion, etc.), you can be fired at any time, for any reason.... Read More

No.  With the exception of the prohibition against slavery, the Constitution only prohibits government action, not action by private parties.  Moreover, while the First Amendment may give you an absolute right to say something, it usually doesn't shield you from the consequences of what you have said - for example, you can be sued for libel or slander if you make a false and defamatory statement about someone. While this is not a matter of Constitutional law, that doesn't mean that some other, lesser, statute might not protect you.   For example, many jurisdictions have "whistleblower" statutes which protect employees from being fired for disclosing serious wrongdoing by their employers.  If  the expired product was sold by your employer, and there was a serious health risk inherent in selling it, Georgia might have a whistleblower statute which applied (although it would be more likely if you were fired for reporting the circumstances to a government health agency rather than Facebook.)  In general, however, absent a statute (i.e. statutes which prohibit firing bases on race) or a contract providing otherwise (such as an employment agreement defining the only reasons you could be fired; sometimes an employee handbook can be sufficient for this purpose) , employees can be fired for any reason. ... Read More

In a merger, the merged company has all of the contract rights of the parties to the merger. In other words, if your employer is merged into a larger company, the larger company then stands in the shoes of your employer with respect to all of the terms of your employment, without the need for any action (or consent, or "updating") on your part. Likewise, in a purchase, when the stock of your employer is acquired, there is no change in your relationship to your employer.... Read More

Absent an employment agreement (which, if not in a written contract, can sometimes be contained in an employment manual) which provides some guarantee against being fired, an employee is considered employed at will, which means that she can be fired for any reason other than those prohibiited by statute (i.e. on the basis of race, age, religion, etc.)  If you are employed at will, you can be fired for refusing to accept a pay cut.  The question is do you have an employment agreement, and, if so, what does it say?... Read More

Probably yes. While the agreement not to accept employment after leaving your job was probably itself not enforceable (if, indeed, that is a fair summary of its terms), employment in the United States is on an "at will" basis, which means that your employer may terminate your employment at any time for any reason or no reason at all.... Read More

Your husband signed what is known as a restrictive covenant.  In many states (I don't know specifically about Georgia) these are only enforceable to the extent that they are reasonably required to protect the employer's legitimate interests.  Thus, for example, an agreement prohibiting a cashier from working as a cashier anywhere in the US for 25 years after she leaves her employment is unlikely to be enforced, while an agreement which prohibits a doctor from starting her own practice within 2 blocks of her old boss's practice within 3 months of leaving is likely to be enforced.  You should consult a lawyer about the enforceability of the agreement your husband signed, as there are many factors (e.g. was your husband privy to any trade secrets of his former employer, does he have any special skills, did he receive separate consideration for signing the restrictive covenant, etc. etc. etc) which would go into that determination; it can't be done in a quick email.  However, if the restriction is enforceable, and contains the provisions which these clauses usually do (can't tell for sure without seeing it) it probably will make no difference if the business is in your name, or is incorporated, or an llc., your husband would still be breaching his contract by going into a competing business within 2 years after leaving his old job.... Read More