Legal Question in Employment Law in Georgia

Wrongful Termination

I worked for this S-Corp Co. as an off mgr for almost 6 years which has been running as a Sole-Prop. I was HR, but could not hire or fire, just payroll and benefits. In Feb, was verbally told, in front of witnesses, that I was Secy of Corp and was named to Bd of Dir. Since then, I spoke up about mis-handlings of the co. thinking I had a leg to stand on with the new titles. After confronting the Pres/VP about making mgrs do push ups for being late to work, because they ''wanted to humiliate him'' and other discipline issues; the fact that they were going to keep an emp, that was coming off of maternity leave, at the same pay rate, but return her to a lower job because they ''could not fire her'' was wrong....or the fact that he runs his personal expenses through the business, and it is my job to post/pay his bills, was also wrong in the eyes of the IRS, I was fired. I was sent home that day, and the next three days, with no explanation, except that he would call me when he needed me, and then fired me on the 4th day because my ''conduct was not conclusive to a positive work environment.'' He stated that the Bd of Dir voted to terminate me, but they did not. I have no other write ups and it came as a suprise! Do I have a case?


Asked on 5/13/07, 11:09 pm

1 Answer from Attorneys

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

Re: Wrongful Termination

Generally, a company is permitted to fire an at-will employee at any time with no reason. If you have a contract in place, look to its terms. However, your facts suggest a somewhat complicated set of facts relating to your appointment as secretary and a director. You should have that cleared up immediately to avoid personal liability for acts of the company, which may occur if it is violating the law. Consult with a local business and/or labor & employment attorney in your area.

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.

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Answered on 5/15/07, 12:22 pm


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