QUESTION

How does Georgia's "At-Will" employment work, and how is it legal?

Asked on Apr 15th, 2014 on Labor and Employment - Georgia
More details to this question:
Briefly just looking into the topic of at-will. I never realized how insecure my job is. I'm a Pharmacy Technician and I'm afraid that I could just be replaced on the dime if anything was distraught. I just want to know how the at-will law allows employers to fire for any reason whatsoever? Not only that, why would they allow this to be legal? Thank you.
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1 ANSWER

Labor and Employment Attorney serving Atlanta, GA
2 Awards
Employment at will is a common-law doctrine that has its origins in the late middle ages/early rennaisance period in England. Under the doctrine, an employee is not required to remain with an employer and can quit without any justification, and an employer is not required to keep an employee if it doesn't desire to do so. Georgia inherited this law when the colonies broke with England in 1776. An employer does not need a reason to terminate an employee. It has followed this law since it first began as a colony and later as a state. However an employer can change that "at will" status by creating a contract with the employee under which it limits its discretion to terminate the employee so that it may only do so for certain reasons. If the employer terminates the employee for any reason other than those listed in the contract, the employer can be liable for breach of contract. Federal law also limits the reasons why an employer may terminate an employee by forbidding covered employers from terminating employees because of the employee's race, color, religion, creed, gender, national origin, age (40 and over), disability (if the employee is qualified for the job and disabled), membership in the armed forces, status as  a veteran, membership in or activities on behalf of a union, engagement in protected concerted activity. It also prohibits employers from terminating or otherwise making adverse employment decisions about employees in retaliation for their having filed charges with a federal agency claiming unlawful discrimination under any federal labor laws.     Michael A. Caldwell 404-979-3154
Answered on Apr 16th, 2014 at 5:34 PM

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