Ask Reggi Your Question Now

Reggi is the free generative AI assistance for regulatory compliance
Ask a Question

Can I terminate employees without violating employment laws in Georgia? What are the requirements?

To terminate employees in Georgia, an employer must follow the procedures outlined in GACO 47-2-2. An employer may discharge an employee for insubordination, irresponsible performance of duties, malingering, neglect of duty, or unsatisfactory performance of duties in a willful manner or for any combination of such reasons [1.1].

To discharge an employee, the employer must provide 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 notice must also state 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. At the hearing, 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 [1.1].

If an employee is discharged from employment pursuant to the requirements of GACO 47-2-2, the employee shall not be entitled to and shall not receive a retirement benefit based on involuntary separation from employment without prejudice pursuant to Code Section 47-2-123 [1.1].

It is important to note that an employer must have a reasonable basis for believing an employee is engaging in unsatisfactory performance of duties in a willful manner or malingering before discharging the employee [1.1].

Additionally, any public employee who violates Code Section 45-19-2 shall be deemed to have terminated his or her employment; shall forfeit his or her civil service status, job rights, seniority, and emoluments, if any; and subsequent to such violation shall not be eligible for appointment or reappointment or employment or reemployment in public employment for a period of three years after such violation except upon certain conditions [2.1].

Finally, an employer cannot require an employee to be or remain a member or an affiliate of a labor organization or to resign from or to refrain from membership in or affiliation with a labor organization as a condition of employment or continuance of employment [3.1].

In summary, an employer in Georgia can terminate employees for specific reasons outlined in GACO 47-2-2, but must follow the procedures outlined in the same code section. Additionally, public employees who violate Code Section 45-19-2 will forfeit their employment rights and will not be eligible for reappointment or employment for a period of three years. Finally, an employer cannot require an employee to be or remain a member or an affiliate of a labor organization or to resign from or to refrain from membership in or affiliation with a labor organization as a condition of employment or continuance of employment.

Source(s):
Jurisdiction

Georgia, Georgia