Perhaps no disciplinary decision carries as much potential liability for an employer as the termination of an employee’s employment. To reduce the risk as much as possible, employers must implement procedures that require employee terminations to be handled in a consistent and professional manner. Employers should also maintain prior, consistent documentation to support the termination through legitimate reasons should the employee later challenge the termination decision.
As a general rule, Georgia follows the employment-at-will doctrine. This means the employer may discharge the employee at any time, with or without cause. The employee may also, in turn, quit his employment at any time, with or without notice. As discussed below, there are, however, some circumstances in which the employment-at-will doctrine may be limited by federal or state law, employment contracts, or collective bargaining agreements.
While there are several exceptions to the employment at-will doctrine, Georgia has held to the employment-at-will doctrine and has, for the most part, refused to subject employers to liability for wrongful discharge. Unlike other states, Georgia does not recognize the tort of wrongful discharge in violation of public policy. The Georgia legislature and courts have, however, carved out...
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