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Georgia’s At Will                        Law By Pamela Dollar
                         Introduction Define Georgia’s “At Will “Law  What is the history  Why is the law practiced still today Employee Rights and Responsibility Employer Rights and Responsibility Termination verses Resignation Good Cause The Union and EEOC view on the law Conclusion References
Georgia’s           “At Will Law” Defined The  Law states that an employer or an employer has the right to terminate an employment agreement with any reason given.  The law states an employee works “At Will” by choosing the right to work for an employer. The employer has the right to terminate an employee for a good reason, bad reason, and no reason at all.
                      History  The “At Will” Law was established in 1800’s. During Industrialization to eliminate British Law in U.S. Established to maintain industry growth. Easier for Courts to managed complaints of  employees. Provided the employer  rights and responsibility. Provided employees rights and responsibility. Law provided employees security. Law created accountability to the employer with the employee. Created sanctions from wrongful termination.
                      History  ,[object Object],( Wood, 1877). ,[object Object],In that treatise Wood wrote:  ‘’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).
Practices Today  The law protects employee that are not under the umbrella  of the unions. Employment issues are usually handled by the Human Resources Department/ Supervisor , or outside  entity like an Occupational Consultant. 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.
Employee Rights & Responsibility The employee has an obligation to submit  an application for employment. The information on the application has to be valid The information must not have any miss comings. The employee has the right to terminate any acceptance for employment. Be issued a separation notice( This document does not have to have the employee signature). 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. Benefits Package.
Employer Rights and Responsibility 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.  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.  At termination the employer has to ask the employee if they  want to resign or be terminated?
Termination  verses Resignation          Termination                 Resignation  An employer has ended the employment services of an employee. No disclosure  to the employee of the termination has to be given from the employer. All the employer property , badges, cards, electrical devices, pass codes have to be returned.  A resignation to an employer from an employee has to be in writing. Never a email, text, or  phone call. The employee must complete an exit interview.  Employee may ask for a reference  or a  letter  of recommendation for future employers.
Good Cause    The At Will law is justified as    “Good Cause” in Georgia because     the current  law is defined that an employee works at will by his or her’s own right to choose to work.
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 . EEOC Views: ,[object Object]
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. Georgia’s At Will Law By Pamela Dollar
  • 2. Introduction Define Georgia’s “At Will “Law What is the history Why is the law practiced still today Employee Rights and Responsibility Employer Rights and Responsibility Termination verses Resignation Good Cause The Union and EEOC view on the law Conclusion References
  • 3. Georgia’s “At Will Law” Defined The Law states that an employer or an employer has the right to terminate an employment agreement with any reason given. The law states an employee works “At Will” by choosing the right to work for an employer. The employer has the right to terminate an employee for a good reason, bad reason, and no reason at all.
  • 4. History The “At Will” Law was established in 1800’s. During Industrialization to eliminate British Law in U.S. Established to maintain industry growth. Easier for Courts to managed complaints of employees. Provided the employer rights and responsibility. Provided employees rights and responsibility. Law provided employees security. Law created accountability to the employer with the employee. Created sanctions from wrongful termination.
  • 5.
  • 6. Practices Today The law protects employee that are not under the umbrella of the unions. Employment issues are usually handled by the Human Resources Department/ Supervisor , or outside entity like an Occupational Consultant. 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.
  • 7. Employee Rights & Responsibility The employee has an obligation to submit an application for employment. The information on the application has to be valid The information must not have any miss comings. The employee has the right to terminate any acceptance for employment. Be issued a separation notice( This document does not have to have the employee signature). 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. Benefits Package.
  • 8. Employer Rights and Responsibility 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. 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. At termination the employer has to ask the employee if they want to resign or be terminated?
  • 9. Termination verses Resignation Termination Resignation An employer has ended the employment services of an employee. No disclosure to the employee of the termination has to be given from the employer. All the employer property , badges, cards, electrical devices, pass codes have to be returned. A resignation to an employer from an employee has to be in writing. Never a email, text, or phone call. The employee must complete an exit interview. Employee may ask for a reference or a letter of recommendation for future employers.
  • 10. Good Cause The At Will law is justified as “Good Cause” in Georgia because the current law is defined that an employee works at will by his or her’s own right to choose to work.
  • 11.
  • 12. The employee has an right to an attorney
  • 13. An employee has an right to sue for Wrongful Termination
  • 14. An employee may request back pay for damages, attorney fees
  • 15. An employee may request re-instatement without retaliation
  • 16.
  • 17.
  • 18. NOLO - Law for All (retrieved) 6-2011. http://www.nolo/legal-encyclopedia/wrongful- termination
  • 19. Work Smart—TUC ( retrieved 6-2011). http://intute.ac.uk, http://www.worksmart.org.uk/rights/losing your job
  • 20. Woods, H. (1877) Master and Servant § 134, at pages 272-273. www. rbs2.com/atwill.htm