Wrongful Termination Law in Georgia
This page covers wrongful termination law as it applies in Georgia — the state and federal laws that govern it, filing deadlines, where to get help, and notable in-state decisions. For what wrongful termination protects generally, see the national overview.
Compiled from primary legal sourcesNot legal adviceHow we source this
Quick answer
Georgia follows the at-will employment rule, meaning most workers can be fired at any time for almost any reason — but not for an illegal reason. Federal laws protect workers from being fired because of race, sex, religion, national origin, age, disability, pregnancy, or similar protected characteristics. Employees fired for reporting discrimination, exercising workers' compensation rights, or taking protected medical leave may also have legal claims. Filing deadlines can be as short as 90 days, so if you believe your termination was unlawful, act quickly.
Laws that govern wrongful termination in Georgia
Georgia state law
- Georgia Fair Employment Practices ActO.C.G.A. § 45-19-20 et seq.
Prohibits discrimination in state government employment based on race, sex, age, disability, national origin, color, religion, and retaliation; enforced by the Georgia Commission on Equal Opportunity.
- Georgia Whistleblower Protection ActO.C.G.A. § 45-1-4
Bars state government employers from retaliating against employees who report fraud, waste, or abuse in good faith.
Federal law
- Title 29 — Labor
The U.S. Code title that houses these federal statutes.
- Title VII of the Civil Rights Act of 1964
Prohibits employment discrimination based on race, color, religion, sex, and national origin. Codified at 42 U.S.C. §§ 2000e et seq.
- Family and Medical Leave Act of 1993
Federal law allowing eligible employees of covered employers up to 12 weeks of unpaid leave for specified family and medical reasons. Codified at 29 U.S.C. §§ 2601 et seq.
- Americans with Disabilities Act of 1990
Civil-rights law prohibiting discrimination based on disability in employment, public services, public accommodations, and telecommunications. Codified at 42 U.S.C. §§ 12101 et …
- Worker Adjustment and Retraining Notification Act
Requires employers with 100+ employees to give 60 days’ advance notice of plant closings and mass layoffs. Codified at 29 U.S.C. §§ 2101–2109.
Georgia-specific deadlines for wrongful termination cases
Enter the date your problem happened to see which deadlines may already have passed. Not every deadline applies to every situation — this is a general estimate, not legal advice. Deadlines can be shorter, paused, or extended.
- File a discrimination charge with the EEOC — private-sector employees: 180 days
Georgia has no state anti-discrimination law covering private employers, so private-sector employees have 180 calendar days — not 300 — to file an Equal Employment Opportunity Commission charge based on race, sex, religion, national origin, disability, age, or similar protected characteristics.
42 U.S.C. § 2000e-5(e)(1)
- File a discrimination charge with the EEOC — Georgia state government employees: 300 days
State of Georgia government employees have an extended window of 300 days from the date of harm to file an Equal Employment Opportunity Commission charge for discrimination based on race, color, sex, national origin, religion, age, or disability.
42 U.S.C. § 2000e-5(e)(1)
- File a complaint with the Georgia Commission on Equal Opportunity — state government employees: 180 days
The Georgia Commission on Equal Opportunity enforces the Georgia Fair Employment Practices Act, which covers only state government employees. A written, sworn complaint must be filed within 180 calendar days of the alleged discrimination for the agency to have jurisdiction to investigate.
O.C.G.A. § 45-19-20 et seq.; Ga. Admin. R. 186-1-.04
- File a federal lawsuit after receiving an EEOC Notice of Right to Sue: 90 days
After the Equal Employment Opportunity Commission issues a Notice of Right to Sue, you have exactly 90 days to file a lawsuit in court under Title VII of the Civil Rights Act of 1964, the Americans with Disabilities Act, or the Genetic Information Nondiscrimination Act. This deadline is almost never extended.
42 U.S.C. § 2000e-5(f)(1)
- File a lawsuit for Family and Medical Leave Act violations: 2 years (3 years for willful violations)
A private lawsuit for termination or other violations of the Family and Medical Leave Act must be filed within 2 years of the last violation. If the employer willfully violated the law, the deadline extends to 3 years.
29 U.S.C. § 2617(c)
These deadlines are general estimates. They can be shorter than they appear, and can be paused (“tolled”) or extended in specific situations. This is not legal advice. If any deadline is near or has passed, talk to a lawyer right away.
Where to go & how to get help
Government agencies and non-profit legal-help organizations for wrongful termination in Georgia.
The federal agency that enforces Title VII of the Civil Rights Act of 1964, the Americans with Disabilities Act, the Age Discrimination in Employment Act, and other federal anti-discrimination laws; Texas employees are served primarily through the Houston District Office.
The federal agency that enforces Title VII of the Civil Rights Act of 1964, the Americans with Disabilities Act, and the Age Discrimination in Employment Act; Ohio residents have 300 days from a discriminatory act to file a charge.
Primary federal agency for filing employment discrimination charges; handles claims by private-sector employees in Georgia under Title VII of the Civil Rights Act of 1964, the Americans with Disabilities Act, the Age Discrimination in Employment Act of 1967, and related laws.
Federal agency enforcing Title VII of the Civil Rights Act of 1964, the Americans with Disabilities Act, and the Age Discrimination in Employment Act; Michigan employees have 300 days to file a charge.
The federal agency that enforces Title VII of the Civil Rights Act of 1964, the Americans with Disabilities Act, and other federal anti-discrimination employment laws; California employees may file a charge within 300 days of the discriminatory act.
Enforces federal employment discrimination laws including Title VII of the Civil Rights Act of 1964, the Americans with Disabilities Act, and the Age Discrimination in Employment Act; Florida workers can dual-file charges with both the Equal Employment Opportunity Commission and the Florida Commission on Human Relations.
Federal agency that investigates charges of employment discrimination under Title VII of the Civil Rights Act of 1964, the Americans with Disabilities Act, the Age Discrimination in Employment Act, and related federal laws; filing a charge is required before suing in federal court.
The federal agency that enforces Title VII, the Americans with Disabilities Act, the Age Discrimination in Employment Act, and other federal anti-discrimination laws; accepts charges from Pennsylvania workers within 300 days of a discriminatory act.
The federal agency that enforces Title VII of the Civil Rights Act of 1964, the Americans with Disabilities Act, the Age Discrimination in Employment Act, and other federal anti-discrimination laws for Illinois workers.
State agency that enforces the Georgia Fair Employment Practices Act for current and prospective state government employees; accepts discrimination complaints within 180 days of the alleged act.
Investigates employment discrimination charges under Title VII, the Americans with Disabilities Act, the Age Discrimination in Employment Act, and other federal laws; file a charge here first if you were terminated because of a protected characteristic such as race, sex, religion, national origin, age, or disability.
The federal agency enforcing Title VII of the Civil Rights Act of 1964, the Americans with Disabilities Act, and the Age Discrimination in Employment Act; New Jersey workers have 300 days to file a charge, which is required before bringing a federal lawsuit.
Accepts federal employment discrimination charges under Title VII, the Americans with Disabilities Act, and the Age Discrimination in Employment Act for workers in Virginia.
- Atlanta Legal Aid Societylegal aid
Provides free civil legal services to low-income residents of metro Atlanta's five-county area (Clayton, Cobb, DeKalb, Fulton, and Gwinnett counties).
Federal agency that investigates charges of employment discrimination under Title VII of the Civil Rights Act of 1964, the Americans with Disabilities Act, the Age Discrimination in Employment Act, and other federal employment laws; Washington residents have 300 days to file a charge.
- Georgia Legal Services Programlegal aid
Nonprofit law firm offering free civil legal help to low-income and senior Georgians in 154 counties outside metro Atlanta; call 1-833-GLSPLAW (1-833-457-7529).
- State Bar of Georgia — Find a Lawyerbar referral
Directory to help the public find Georgia-licensed attorneys; local and voluntary bar associations listed here maintain referral services for employment law and other practice areas.
Official U.S. government starting point for finding free or low-cost legal help and legal-aid programs near you.
Locate the LSC-funded legal-aid organization that serves your county for civil (non-criminal) legal problems.
Find your state or local bar association lawyer-referral service and free legal-answer programs.
Find your state attorney general to file consumer-protection, civil-rights, or other complaints.
How to take action in Georgia
- 1
Document what happened right away
Write down dates, what was said, and the names of any witnesses. Save emails, texts, performance reviews, and any paperwork related to your firing.
- 2
Identify which law may apply to your situation
Was the firing based on race, sex, age, disability, or another protected characteristic? Was it retaliation for a complaint you made? Was a written contract or medical leave involved? The answer determines which agency to contact and how long you have.
- 3
File a charge with the EEOC or the Georgia Commission on Equal Opportunity
Before filing most discrimination lawsuits, you must first file an administrative charge. Private-sector workers use the U.S. Equal Employment Opportunity Commission; state government workers may also file with the Georgia Commission on Equal Opportunity.
- 4
Wait for the EEOC investigation or a Right-to-Sue notice
The Equal Employment Opportunity Commission will notify your employer, investigate your charge, and may try to mediate a resolution. If the case is not resolved, the agency will issue a Notice of Right to Sue.
- 5
File your lawsuit in court within 90 days of receiving the Right-to-Sue notice
Once you receive an Equal Employment Opportunity Commission Notice of Right to Sue, you have only 90 days to file a lawsuit in federal or state court. This deadline is set by law and is rarely extended.
- 6
Get legal help as early as possible
An employment attorney can evaluate your claim, meet critical deadlines on your behalf, and represent you in court. Free legal services are available for low-income Georgians through Atlanta Legal Aid Society and Georgia Legal Services Program.
A general roadmap, not legal advice — the right steps depend on your situation and deadlines.
Common questions about wrongful termination in Georgia
Can my employer fire me without a reason in Georgia?
Yes, in most situations. Georgia is an at-will employment state, so employers can generally end the employment relationship at any time and for any reason — or for no reason at all. The exception is that an employer cannot fire you for a reason that violates a specific law, such as your race, sex, religion, disability, or because you exercised a legal right.
Does Georgia have its own law protecting private-sector employees from discrimination?
No. Georgia's Fair Employment Practices Act applies only to state government employers — not private companies. Private-sector workers in Georgia must rely on federal anti-discrimination laws, including Title VII of the Civil Rights Act of 1964, the Americans with Disabilities Act, and the Age Discrimination in Employment Act of 1967, all enforced by the U.S. Equal Employment Opportunity Commission.
What is the deadline to file a discrimination claim in Georgia?
Private-sector employees generally have 180 days from the date of the discriminatory act to file a charge with the U.S. Equal Employment Opportunity Commission. Georgia state government employees may have up to 300 days to file with the Equal Employment Opportunity Commission, or 180 days to file with the Georgia Commission on Equal Opportunity. These deadlines are strict — missing them can end your legal options.
What happens after I file an EEOC charge?
The Equal Employment Opportunity Commission will notify your employer, investigate your charge, and may offer mediation. If the investigation does not resolve the matter, the agency can issue a Notice of Right to Sue. Once you receive that notice, you have exactly 90 days to file a lawsuit in court.
Can I be fired for filing a workers' compensation claim in Georgia?
Firing an employee for exercising rights under the Georgia Workers' Compensation Act is prohibited. If you were discharged in retaliation for filing a workers' compensation claim, you may have a legal claim. Because these cases go through state courts rather than the Equal Employment Opportunity Commission, speak with an attorney about deadlines and next steps as soon as possible.
Are Georgia government employees protected if they report wrongdoing?
Yes. Georgia's Whistleblower Protection Act, at O.C.G.A. § 45-1-4, prohibits state government employers from retaliating against employees who report fraud, waste, or abuse in good faith. Private-sector employees do not have this state-law protection and must rely on whichever federal whistleblower statutes apply to their industry.
What protections exist for employees who take medical leave?
The federal Family and Medical Leave Act allows eligible employees at companies with 50 or more workers to take up to 12 weeks of unpaid leave per year for serious health conditions or to care for a family member. An employer cannot fire you for taking protected leave under the Family and Medical Leave Act. A lawsuit for violations must be filed within 2 years of the violation, or 3 years if the violation was willful.
Not legal advice. State-specific statutes, deadlines and procedures are being sourced and will appear here.