Legal Question in Employment Law in Georgia

firing- separation notice

My company told me that I had to take a night position and I was unable due to personal reasons. So was told that I need to resign and they made me fill out a two weeks notice and I need to leave the company immediately. Is this legal? Can I file for unemployment due to the reason for my separation?


Asked on 6/23/09, 5:18 pm

1 Answer from Attorneys

Gregory Fidlon Law Offices of Gregory R. Fidlon, P.C.

Re: firing- separation notice

At-will employment means that the company can essentially impose any job requirements it pleases, so long as no law is violated. It is perfectly legal for an employer to unilaterally assign an employee to a different shift, on a take-it-or-leave-it basis. The exception would be where the shift-change decision was based on unlawful discrimination (i.e., based on race, color, gender, age, religion, national origin, or disability) or retaliation (e.g., for complaining about discrimination or participating in an investigation of alleged discrimination).

If you resign, you are typically unable to collect unemployment.

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Answered on 6/23/09, 5:24 pm


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