Shelton Law Practice, LLC offers legal services to Georgia workers who have entered or are contemplating entering an employment agreement with a Georgia employer. We will review your employment agreement and answer any questions you may have about the employer’s proposed terms or potential breach of the employment agreement. We also offer legal services to Georgia workers who have questions as to how the terms of a previously executed employment agreement will impact them when the employment relationship ends.
AN EXCEPTION TO THE AT-WILL DOCTRINE
In Georgia, there is a presumption that an employer’s offer of employment and an employee’s acceptance of that offer is at-will. This presumption is commonly referred to as the “At Will Doctrine.” Under the at-will doctrine, the employment relationship can generally be terminated by either party at any time. This also means the employer can generally discharge the employee for a good reason, a bad reason or for no reason at all– that is, as long as the reason is not unlawful.
An exception to the at-will doctrine exists where a contract in the form of an employment agreement has been entered between the employer and the employee. Where an employment agreement has been entered between the parties, the agreement dictates the terms and conditions of the employment relationship. As a result, if either party conducts themselves in a manner that is contrary to the agreed terms, a legal cause of action may exist.
If you have been presented with an employment agreement, it is advisable to have the agreement reviewed by an attorney before signing it. Seeking legal counsel before entering any employment agreement will put you in a better position to 1) understand the proposed terms, the risks involved, and related consequences of entering or breaching the agreement; 2) potentially negotiate for more favorable terms; and 3) potentially reduce or eliminate the risk of future misunderstandings.