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Thread: Case for Wrongful termination Georgia

  1. #1
    Junior Member
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    Jun 2006
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    Default Case for Wrongful termination Georgia?

    Ok, I know that GA is an at will State, but would I have a case if:
    Say I turn in my two week notice durning the pay period that commission/bonus checks are to paid out. The company then tells me to go and lets me know that I will forfiet the money that was to be paid out for the past quarter. This for work already completed and money already recieved. This is a staffing firm so this is for placements that have already started work and payments that have been received. We do have a guarantee in place for those placements but it does not involve returning any money. Could I file for wrongful termination on the grounds that they let me go so as not to pay me my bonus/commission?

  2. #2
    Senior Member
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    Default

    Unfortunately, Georgia law does not address regulate commissions (Georgia wage and hour law virtually does not exist). In a FEW states, earned commissions are vested wages by law which must be paid the same as wages, but Georgia is not one of those states. Accordingly, since there is no law requiring such payment and the employer would not be violating the law by not paying you, wrongful termination would likely not apply. It is not uncommon for companies doing business in the states in which such compensation is not vested to have policies that require the employee be employed when bonuses/commissions are paid.

    A "wrongful termination" is one where you are discharged in violation of a law or a public policy.

    It's slightly POSSIBLE that if the termination were proven to be for that reason, and that reason only, there MIGHT be a chance of a violation of public policy, but I'm thinking it would be a long stretch.

    Attorneys out there, what do you think?

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