Are there exceptions to the “at will” employer dismissal of an employee?
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Are there exceptions to the “at will” employer dismissal of an employee?
I was dismissed due to “poor economic outlook” over 2 years ago. No other reasons. I am still unemployed and the company is now doing well. My contract says it will “remain in full force and effect until completion of the Services”. My replacement is doing the same “services” and job I was. He is from the home country of this business, speaks their language. Contract refers to me as a “consultant” but contract clearly states I “become a full time employee and longer a Consultant…after the new North American company has been established” which was. I was paid as employee. Recourse?
Asked on July 24, 2012 under Employment Labor Law, Georgia
Answers:
Paula McGill / Paula J. McGill, Attorney at Law
Answered 12 years ago | Contributor
If you have an employment contract, you are not an employee at will. Therefore, the contract controls. You need to take the contract to an attorney's office for review. Yes, depending on document's language, you might be entitled to your job back and/or damages for income loss.
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