Legal Question in Employment Law in Georgia
I was recently laid off by my employer of the last year. I was an exempt salaried employee but no employment contract was ever signed, so obviously I have the whole fire at will clause working against me. It was obviously a very calculated move on his part: he came in to the work place, told me he was letting me go, and had my last paycheck in hand. Coincidentally, it was also the first day of the new pay period so he had his bases covered there.
It was essentially the finishing blow on what had been a very disappointing couple of months. I had relocated with the company from a city with a very low cost of living to a city of a much higher cost of living. I was verbally promised multiple new benefits.
1) I was promised a 10% profit share from the previous 6 months of operations: Not received
2) I was promised a 10% stake in the company upon my arrival at the new location: Not received
3) I was promised that any and all moving expenses would be covered by the company: Did not happen
4) I was promised a raise: I did receive a raise for about one or two non consecutive pay periods, but nothing consistent.
5) I was also promised a severance package proposal would be emailed to me the night of my termination: Not received
Now I am stuck in a year long lease at a condo that I absolutely cannot afford with no termination clause. It is highly unlikely that I will be able to find a job anytime soon that will cover these costs.
Do I have any recourse whatsoever for a lawsuit? I am doubtful due to the fact that most of these guarantees were never put down on paper and signed, but it still seems like I should at least be able to build some sort of a case based on all of this. I am not seeking a large amount of money, as the company is very volatile and has very little in the way of liquid assets, but I would at least like to receive a fair severance pay to give me a fighting chance to survive for a few months and perhaps find another job.
1 Answer from Attorneys
As you recognize, there is no legal right to employment for even a day, unless you have a contract. There is no general right to severance, raises, etc. While you may have a claim for discrete agreements such as moving expenses and other things promised to you at the time you moved, the problem is your lack of evidence. You'll spend thousands in fees to get into a lawsuit. Then what do you recover even if you win?
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Is it legal for a company to change your pay without informing you? Asked 6/30/13, 9:58 am in United States Georgia Labor and Employment Law