Legal Question in Employment Law in Georgia

I own a small business with less than 50 employees. I do not have a HR Manager / Section. I have en employee who doesn't do his job and because of this fact, he has cost me several 10's of thousands of dollars on construction bids. Specifically, he is an estimator and was required to put together a bid package for a construction project on a military installation. We are finding that he did not research any of the costs associated with this project and has continuously lied about where he has gotten his information. This has been an ongoing trend and I almost fired him about a month ago. I decided to give him a second chance, and I did this because experienced estimators are hard to come by. I think he knew that there may be future problems and as a result, he requested a severance package � in case of termination or layoff. I agreed to his severance plan, whether he is fired or or due to layoff, and now I will have to pay this guy $4000.00 dollars a month for six months. My questions is this - if he continues to "not do his job,� can I suspend him without pay and for how long. Keep in mind, again, this is a small business and I do not have an HR Manager/Section. I have no written policy concerning issues like this or for that manner, any employment related issues. Never had a reason to worry about it. The second question I have is, if it's been determined that he was negligent and is sabotaging my business - can I void our severance agreement?


Asked on 12/03/09, 10:48 pm

1 Answer from Attorneys

Glenn M. Lyon, Esq. MacGREGOR LYON, LLC, Business Attorneys

Maybe. But it depends on the terms of the severance agreement. Have the agreement reviewed by a local business attorney to determine how best to act.

If you would like to discuss any issues further, please feel free to contact my office. The link to my contact information is below. Thank you.

The foregoing is general information only, not specific legal advice. No attorney/client relation has been created or should be implied.

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Answered on 12/09/09, 7:43 am


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