Burden of proof. An employee claiming wrongful discharge has the burden of proving his or her case. The employee may use circumstantial evidence to satisfy this burden. As a result, it is essential for employers to be able to show conclusively, with both testimony and documentation, that an employee's "protected" conduct was in no way related to his or her termination.
Garnishment/child support. An employer may not discharge an employee because the person has or had his or her earnings garnished for any one indebtedness (GA Code Sec. 18-4-7) or for any child support garnishments (GA Code Sec. 19-6-33).
Judicial proceeding. No worker may be discharged, disciplined, or otherwise penalized for absence from work because of attendance at a judicial proceeding in response to a subpoena, summons for jury duty, or other court order or process (GA Code Sec. 34-1-3).
Whistleblowing. A public employee may not be discharged or otherwise discriminated against for making a complaint or disclosing information to a public employer about fraud, waste, or abuse in or relating to state programs and operations for which the employer is responsible (GA Code Sec. 45-1-4).
Many states recognize a public policy exception to the employment-at-will standard. Under this exception, employees may sue for wrongful discharge if they are terminated for engaging in ...