Georgia’s<br />At Will<br />                       Law<br />By Pamela Dollar <br />
                         Introduction<br />Define Georgia’s “At Will “Law <br />What is the history <br />Why is the law p...
Georgia’s           “At Will Law” Defined<br />The  Law states that an employer or an employer has the right to terminate ...
                      History <br />The “At Will” Law was established in 1800’s.<br />During Industrialization to eliminat...
                      History <br /><ul><li>First laws appeared in a legal treatise called “The Master and Servant”. </li>...
Practices Today <br />The law protects employee that are not under the umbrella  of the unions.<br />Employment issues are...
Employee Rights & Responsibility<br />The employee has an obligation to submit  an application for employment.<br />The in...
Employer Rights and Responsibility<br />Employer required to have an employee complete  a “At Will “form. This form usuall...
Termination  verses Resignation<br />         Termination <br />               Resignation <br />An employer has ended the...
Good Cause<br />   The At Will law is justified as <br />  “Good Cause” in Georgia because <br />   the current  law is de...
Union Views:The union is formed to protect the employee from abuse from an employer and to ensure that compliance is maint...
The employee has an right to an attorney
An employee has an  right to sue for Wrongful Termination
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Georgia’S At Will Ppt

  1. 1. Georgia’s<br />At Will<br /> Law<br />By Pamela Dollar <br />
  2. 2. Introduction<br />Define Georgia’s “At Will “Law <br />What is the history <br />Why is the law practiced still today<br />Employee Rights and Responsibility<br />Employer Rights and Responsibility<br />Termination verses Resignation<br />Good Cause<br />The Union and EEOC view on the law<br />Conclusion<br />References<br />
  3. 3. Georgia’s “At Will Law” Defined<br />The Law states that an employer or an employer has the right to terminate an employment agreement with any reason given. <br />The law states an employee works “At Will” by choosing the right to work for an employer.<br />The employer has the right to terminate an employee for a good reason, bad reason, and no reason at all.<br />
  4. 4. History <br />The “At Will” Law was established in 1800’s.<br />During Industrialization to eliminate British Law in U.S.<br />Established to maintain industry growth.<br />Easier for Courts to managed complaints of employees.<br />Provided the employer rights and responsibility.<br />Provided employees rights and responsibility.<br />Law provided employees security.<br />Law created accountability to the employer with the employee.<br />Created sanctions from wrongful termination.<br />
  5. 5. History <br /><ul><li>First laws appeared in a legal treatise called “The Master and Servant”. </li></ul>( Wood, 1877).<br /><ul><li>U.S Supreme Court upheld individual freedom of contract and invalidated, on due process grounds, statues prohibiting employers from terminating employees because the worker was part of the union. </li></ul>In that treatise Wood wrote: <br />‘’With us the rule is inflexible, that a general or indefinite hiring is prima facie a hiring at will, and if the servant seeks to make it out a yearly hiring, the burden is upon him to establish it by proof. It is an indefinite hiring and is determinable at the will of either party, and in this respect there is no distinction between domestic and other servants." H. Wood, Master and Servant, § 134, (1877).<br />
  6. 6. Practices Today <br />The law protects employee that are not under the umbrella of the unions.<br />Employment issues are usually handled by the Human Resources Department/ Supervisor , or outside entity like an Occupational Consultant.<br />The law keep the employer from exercising wrongful terminations, demotions, or reprimands, ramifications such as harassment, bullying, muffling freedom of speech, and banishment from the employer and subordinates.<br />
  7. 7. Employee Rights & Responsibility<br />The employee has an obligation to submit an application for employment.<br />The information on the application has to be valid<br />The information must not have any miss comings.<br />The employee has the right to terminate any acceptance for employment.<br />Be issued a separation notice( This document does not have to have the employee signature).<br />Employee has to complete tax forms, ask for a new contract, sign any documents, complete a New Hire Reporting form and I- 9 Employment Eligibility.<br />Benefits Package.<br />
  8. 8. Employer Rights and Responsibility<br />Employer required to have an employee complete a “At Will “form. This form usually states the position hired for is classified, unclassified, temporary, or permanent status, or a conditional contract. <br />Employer contracts covering wages, severance pay for any early termination, cases of resignation ( Non Complete Agreement). It may cover bonuses, Non Solicitation Agreement, and Non Disclosure Agreement. <br />At termination the employer has to ask the employee if they want to resign or be terminated?<br />
  9. 9. Termination verses Resignation<br /> Termination <br /> Resignation <br />An employer has ended the employment services of an employee.<br />No disclosure to the employee of the termination has to be given from the employer.<br />All the employer property , badges, cards, electrical devices, pass codes have to be returned. <br />A resignation to an employer from an employee has to be in writing. Never a email, text, or phone call.<br />The employee must complete an exit interview.<br /> Employee may ask for a reference or a letter of recommendation for future employers.<br />
  10. 10. Good Cause<br /> The At Will law is justified as <br /> “Good Cause” in Georgia because <br /> the current law is defined that an employee works at will by his or her’s own right to choose to work.<br />
  11. 11. Union Views:The union is formed to protect the employee from abuse from an employer and to ensure that compliance is maintained with the employee civil liberties. The employer maintains the contract between the employee and employer. The Trades Union Congress (TUC), deals with employment contracts, issues, occupational health, disability rights, discrimination, and training .<br />EEOC Views:<br /><ul><li>The employee has a to file an grievance with the company
  12. 12. The employee has an right to an attorney
  13. 13. An employee has an right to sue for Wrongful Termination
  14. 14. An employee may request back pay for damages, attorney fees
  15. 15. An employee may request re-instatement without retaliation
  16. 16. In wrongful termination an employee civil liberties can not be used against them such as sex, religion, age, disability, race and orientation.</li></li></ul><li>Conclusion <br /> In summary, the Georgia At Will Law is designed for employers and employees to exercise their rights in terminating and resigning from employment. The laws were intent to ease the process of loop holes, and vague language when termination issues arise. Its main purpose is to ensure fair just treatment in the hiring , firing process the employee civil liberties are not violated. Although Georgia still maintains its law their still is a need for regulation. <br />
  17. 17. References<br /><ul><li>U.S Equal Employment Opportunity Commission (EEOC). www.eeoc.gov
  18. 18. NOLO - Law for All (retrieved) 6-2011. http://www.nolo/legal-encyclopedia/wrongful- termination
  19. 19. Work Smart—TUC ( retrieved 6-2011). http://intute.ac.uk, http://www.worksmart.org.uk/rights/losing your job
  20. 20. Woods, H. (1877) Master and Servant § 134, at pages 272-273. www. rbs2.com/atwill.htm</li>

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