Legal Question in Employment Law in Georgia
Steakhouse ''Remodeling''.
I have worked for a steakhouse chain in the same store for over 10 years. A disgruntled former manager is suspected of turning them in to the Board of Health for mold. For whatever reason, we closed down one day with no notice, to ''remodel''. Some people were offered to go to another town to work, others were not. Some received pink slips. Why were we not offered unemployement without a severence slip, we didn't do anything wrong? Anyway, now, before we reopen, SOME were re-hired(?) while others were not. Everyone has to retake the test we qualify in various areas etc., the previous ones no longer count(?) Team leaders positions must be ''re-earned''. Is it acceptable for businesses to just stop operating every few years and ''rehire'' everyone? Why? The employees did nothing wrong, if anyone did anything wrong, it was the company. What of earned benefits,(We can eat free after 10 years of service), 401k, insurance, (that we must work over a year before participateing in), will all that have to start over as well? Basicly, why can they use this to just ''start over''?
1 Answer from Attorneys
Re: Steakhouse ''Remodeling''.
Because you were an "at-will" employee, your employer does not need a reason to terminate your employment, i.e. you don't have to do anything wrong to be fired. However, if your employer simply fired you to avoid paying benefits, you would have a claim for the termination. Based on the facts given, they seemed to have a reason to shut down, which would probably preclude any legal action against the steakhouse.
If you would like to discuss any issues further, please feel free to contact my office. 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.
Glenn M. Lyon, Esq
MacGregor Lyon, LLC
Promenade II
1230 Peachtree Street NE
Suite 1900
Atlanta Georgia 30309
Phone 404.942.3545
Fax 404.795.0993
www.MacGregorLyon.com
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