Legal Question in Employment Law in Georgia

My company terminated an employee for lack of work while he was out on disability. The date of his termination is listed as the date he would have returned from disability. Did we do anything wrong? This employee is angry and says we will "hear from his attorney". It is my understanding that we have a right to employ a person or not. We, in essence, gave him advance notice of our intentions and have not discriminated against him in any way. What is there for him to pursue with an attorney since we did not fire him for any reason other than downsizing?


Asked on 10/07/10, 6:34 am

2 Answers from Attorneys
Scott Riddle Law Office of Scott B. Riddle, LLC

You don't have an issue yet and a guess here, with minimal facts, will do you know good. If you hear from a lawyer, or he takes a step by filing an EEOC complaint, then you retain an employment lawyer to address it.

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Answered on 10/12/10, 6:52 am
Paula McGill Paula McGill Attorney at Law

You may have issue if his disability was a factor in downsizing his position. Although you have the right to hire and fire, you don't have the right to discriminate based on race, sex, national origin, religion, disability. He can hire an attorney to negotiate with the company before the 3 month deadline and/or file a claim with the EEOC.

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Answered on 10/12/10, 9:54 am


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