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JB Umphrey
JB Umphrey, Lawyer
Category: Employment Law
Satisfied Customers: 20233
Experience:  Assisting employees and employers for over 14 years.
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I was terminated from my job in 2011, wrongfully accused of

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I was terminated from my job in 2011, wrongfully accused of sexual harassment. There were no proof the video that the company said they had came up missing,also the individual that the harassment suppose to have happen to also said it did'nt happen. What can i do for losing my job after 10 years, I also won my unemployment hearing and plus the company did not try to appeal my winnings.
Welcome and thank you for your question!

I am sorry to learn of the facts you've described. It would be helpful to know two things;

1. Did you belong to a union?

2. Did you have a written contract which said you could only be fired for just cause?
Customer: replied 3 years ago.

I did not belong to a union, and can you explain the second question with a little more detail please.

Thank you. I am happy to clarify: did you have a written contract with your employer? Most employees do not but I thought I would ask just to be safe. I'm not talking about a personnel handbook or anything like that. Did you have an actual contract (like a sports player does with the team they play for)?
Customer: replied 3 years ago.

No Sir,

Thank you. That is very helpful. Do you know what it means to be an "at will" employee in the state of Georgia?
Customer: replied 3 years ago.

Yes i do have heard it over and aver again. And i know Georgia is an at will State. BUt without any proof how can you convict man. There was no proof,and the video that was said to be in their store had came up missing. Thats how i one my unemployment case and the company did not try to appeal because they had no proof.

Thank you for the follow-up. It is important to go back to square one.

As an at-will employee, the employer does not need any proof.

You see. At-will means that they can fire at any time.

They don't need proof.

You could have been employee of the year and they could still fire you. An at-will employee has no legal right to continued employment.

It may be unfair and unjust. But it's legal. The Georgia courts have been very clear about this. "It is well settled that in this state `(a)n indefinite hiring may be terminated at will by either party, with or without cause, and there is no cause of action against an employer for an alleged wrongful termination. (Cits.)' Meeks v. Pfizer, Inc., 166 Ga. App. 815, 816 (305 SE2d 497)." Fortenberry v. Haverty Furn. Co., 176 Ga. App. 360, 361 (1) (335 SE2d 460). See also Taliaferro v. S & A Restaurant Corp., 172 Ga. App. 399 (323 SE2d 271).

Now, where the real crime is (figuratively speaking), is that there are lawyers out there who tried to give you false hope and take $10,000 from you when they know -- or should know -- the law is against you. That's a real shame. Fortunately, you didn't have the money to line their pockets.

I know that this is not what you wanted to hear but you deserve a candid answer. I wish very much that I could offer you an answer that was more favorable to your circumstances, but the law seems to be pretty clear. Had I been able to provide an Answer which might have given you a successful outcome, it would have been my pleasure to do so.

I hope you understand.

It has been my pleasure to assist you today with your information needs. It is my goal that you are satisfied. No expert can promise you an answer that is favorable to your circumstances. But I will do my very best to explain the legal principles that are related to the facts you’ve described so that you can better understand the “why” of things.

My goal is to provide you with excellent service – if you feel you have gotten anything less, please reply back. I am happy to address follow-up questions. Thank you for your business!

~~ J.B.

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