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Wrongful Termination FAQs

Georgia employment attorneys provide reliable advice

Wrongful termination occurs when an employer fires an employee for an illegal reason, or in violation of public policy or the employee’s contract. At DeLong, Caldwell, Bridgers, Fitzpatrick, & Benjamin, LLC, our attorneys are dedicated to fighting for Georgia workers who have been wrongfully terminated. We answer your frequently asked questions so you better understand your rights.

Our hard-working attorneys are dedicated to helping you determine if you have been wrongfully terminated and guide you through the legal process.

Contact our Atlanta employment lawyers for justice in your wrongful termination case

If you’ve been fired unfairly, attorneys at DeLong, Caldwell, Bridgers, Fitzpatrick, & Benjamin, LLC are ready to help. We have more than 100 years of combined employment law experience and have successfully managed numerous wrongful termination cases. To schedule a free consultation, call our Atlanta office at 470-443-0524 or contact us online.

What laws protect against wrongful termination?

Federal statutes that guard against wrongful termination include Title VII of the Civil Rights Act of 1964, The Age Discrimination in Employment Act of 1967, The Pregnancy Discrimination Act of 1978, The Whistleblower Protection Act of 1989 and the Americans with Disabilities Act of 1990. Under these laws, you cannot be fired on the basis of:

  • Age
  • Color
  • Disability
  • Gender
  • Nation of origin
  • Pregnancy
  • Race
  • Religion
  • Whistleblowing activity

These laws also protect against firings in retaliation for asserting any federally protected employment right. The state of Georgia has its own statutes that provide additional protections.

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What are some examples of wrongful termination?

Employers cannot fire workers for discriminatory reasons, such as:

  • A female employee who becomes pregnant
  • An employee who files a sexual harassment complaint
  • An employee who alerts the Environmental Protection Agency about the company’s illegal dumping
  • A Worker who requests an accommodation for a disability
  • A worker who converts to a religion the employer finds disagreeable

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What is an example of wrongful termination that violates public policy?

These cases generally arise when an employer fires a worker who refuses to violate the law. For example, if an employer fired a supervisor for refusing to pay undocumented workers under the table.

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How are at-will employees protected?

The nature of at-will employment is that a worker can be fired at any time for any reason or no reason, except that they cannot be fired for an illegal reason.

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What are the remedies for wrongful termination?

A worker can receive damages and injunctive relief in a suit for wrongful termination. These include:

  • Back pay
  • Lost benefits
  • Costs of searching for a new job
  • Pain and suffering
  • Reinstatement
  • Attorney’s fees and court costs
  • Punitive damages

Federal law caps the worker’s recovery of compensatory damages, such as pain and suffering and job search expenses, based on the size of the employer’s company.

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Can a person who quits a job sue for wrongful termination?

When an employer harasses a worker so that he or she must resign to preserve mental and physical health, the court could find that the worker was “constructively terminated.” However, in order to be actionable, the harassment had to be in violation of employment law or the employee’s contract. Simply being a bad boss is not enough.

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