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Can I fire employees for reasons other than poor performance in Georgia? What are the requirements?
Yes, you can fire employees for reasons other than poor performance in Georgia, but there are specific requirements that must be followed. According to GACO 47-2-2, an employer must have a reasonable basis for believing that the employee engaged in insubordination, irresponsible performance of duties, malingering, neglect of duty, or unsatisfactory performance of duties in a willful manner or any combination of such reasons. The employer must transmit a written notice to the employee containing an explanation of the conduct or deficiencies of the employee which form the basis for the employer’s considering the discharge of the employee. The employer must provide a statement that such conduct may result in the employee’s discharge from employment on a specified date, which shall not be earlier than the tenth day following the date of the notice in the case of insubordination or irresponsible performance of duties and not earlier than the thirtieth day following the date of the notice if the basis for considering the discharge of the employee is for a reason or reasons other than insubordination or irresponsible performance of duties. The employer must provide a statement that the employee’s discharge from employment for the reasons specified in the notice shall not constitute involuntary separation from employment without prejudice within the meaning of the applicable provisions of the Employees’ Retirement System of Georgia and that if discharged, the employee shall not be entitled to receive and shall not receive a retirement benefit based on involuntary separation from employment without prejudice. The employer must provide a statement that the employee has a right to a hearing before the employer on a specified date, which shall be at least five days prior to the date specified for the employee’s discharge from employment. The employer must provide a statement that at the hearing before the employer, the employee shall be given an opportunity to offer explanations for the employee’s conduct or deficiencies and to present evidence on the employee’s behalf. An employee being considered for discharge from employment because of insubordination or irresponsible performance of duties may be suspended without pay, except to the extent the employee has accumulated annual leave, pending the completion of the procedures provided for in subsections (g) and (i) of this Code section. If an employee subject to the provisions of subsection (g) of this Code section fails to respond to the notice sent to the employee pursuant to said subsection or if the employer is not satisfied with the explanation made by the employee for the conduct or deficiencies specified in said notice and is not satisfied with the evidence presented in the employee’s behalf, the employee may be discharged from employment on the date specified in said notice or on such later date as shall be specified in writing by the employer to the employee. The employer must prepare a written report to the board of trustees on the discharge of the employee. Any notices or other written communications to the employee which relate to the employer’s decision to discharge the employee shall be attached to and made a part of the employer’s report to the board of trustees. It shall be the duty of any employer considering the discharge of an employee for any reason or combination of reasons specified in subsection (d) of this Code section to follow the procedures specified in this Code section as a condition precedent to the discharge of such employee [2.1].
Source(s):
Jurisdiction
Georgia, Georgia