Legal Question in Employment Law in Georgia

If a company is laying you off in Georgia, does it have to be in seniority order? I had seniority over 2 other employees, but I was laid off. The company says it was not work related, and that they were slow in production.


Asked on 8/30/10, 8:38 am

2 Answers from Attorneys

Scott Riddle Law Office of Scott B. Riddle, LLC

Generally, like hiring and firing, no - the company is free to make decisions as it chooses (with a very few exceptions). Maybe they saved more money if you made more than others.

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Answered on 9/04/10, 8:43 am
Phillip M. Cook Cook Legal Services, LLC

No, there is no law that says that a company in Georgia MUST lay off in seniority order -- otherwise known as "Last In, First Out". Some companies voluntarily choose to do so. Companies with union representation are obviously in favor of this type of arrangement, as it protects senior employees.

If you were laid off for non-work related issues, e.g., a lack of business, you ARE likely entitled to unemployment benefits. Speak with a Georgia lawyer about the specifics of your situation if you would like more information.

Best of luck.********The above is for informational purposes only and does not create an attorney-client privilege.********

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Answered on 9/04/10, 8:45 am


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