QUESTION

Can an employer force an employee out simply because of their salary & Tenure

Asked on Jul 08th, 2014 on Labor and Employment - Georgia
More details to this question:
One of the Doctors in a 7 Dr. office has instructed the office Managers to remove my wife Simply because of her salary is the highest in the business office & she has the longest tenure. She has NEVER been "written up" or received nothing less than exceptional annual reviews. She is 14 months for attaining full Social Security retirement benefits.
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1 ANSWER

Labor and Employment Attorney serving Atlanta, GA
2 Awards
I'm sorry to learn of your wife's problem. In Georgia, unless one has a contract of employment, the employee is employed "at will." This means that the employer needs no reason to justify a termination, and an employee needs no reason to justify quitting a job. The only restrictions on firing an employee are that the employer may not fore the employee for a reason forbidden under federal law. This would include firing her because of her race, color, creed, religion, gender, national origin, age (if she is over 40), disability (if she is qualified to perform the job and meets the definition of disabled in the ADA, as amended by the ADAAA).  The closest thing that you might be able to claim is that she was terminated because of her age. However, based on what you say in your inquiry you probably cannot prove age discrimination. To prove age discrimination you must meet a higher standard of proof than she would have to meet under the anti race discrimination provisions of Title VII. The Age discrimination in Employment Act (ADEA) probides that to prove age discrimination you have to be able to prove that "but for her age" she would not have been chosen for termination. Since your wife was the most highly paid employee, the employer can claim that it is firing her because she costs them the most to employ.  One thing she might do is go to the employer and offer to take a pay cut to the pay and benefit level of the next highest employee so tha she no longer would be the most highly compensated employee.  That way, if the still choose her for termination, she has eliminated their lawful wage-based reason for firing her.   Michael A. Caldwell 404-979-3154
Answered on Jul 08th, 2014 at 12:32 PM

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