Commissioned salespeople, manufacturer's reps, managers, executives and other employees often earn money that is payable to them at a later date. Many times the company does not pay the full amount owed, or the employee is fired and the company refuses to pay any of the money that is owed. Often, your only recourse if you want to get paid is to sue the company for your money.

Under Georgia law, in the absence of an employment contract or specific law providing protection, the employer-employee relationship is considered "at-will" and can be terminated at any time and for any lawful reason by the employer or employee. Many employment relationships in Georgia are governed by the employee handbook, commission schedule or similar posted personnel policy. While these agreements are not labeled "Employment Contract", they are treated as such by Georgia courts in employment-related lawsuits. In addition to the enforcement of these agreements, many terminated employees can sue and collect damages under a "quantum meruit" theory of recovery.

A suit for breach of an employment contract is essentially a suit for wrongful discharge. The damages owed to the employee under Georgia law are all the damages sustained or the value of the services rendered to the employer. A wrongfully terminated employee may be able to recover lost wages, pre-judgment interest, lost profits, and any other damages that were reasonably contemplated by the parties at the time of the breach.

Nothing in the laws of Georgia restricts the rights of employees who have been unlawfully terminated due to illegal discrimination from seeking all relief allowed under the many Federal Laws designed to protect workers. Title VII of the Civil Rights Act of 1964, prohibits discrimination by covered employers on the basis of race, color, religion, sex or national origin. Title VII also prohibits discrimination against an individual because of his or her association with another individual of a particular race, color, religion, sex, or national origin. An employer cannot discriminate against a person because of his interracial association with another.

Robert J. Fleming is an experienced business trial lawyer. In addition to a law degree, Mr. Fleming has earned an MBA in finance, has acted as general counsel to a number of businesses, and has a successful business background. This unique set of experiences and skills allows Mr. Fleming to help workers in this situation by enforcing the agreements for payment.

If you have been terminated and not fully paid what you are owed and would like to discuss your case, please call Fleming Law, P.C. at (404) 923-7497 or contact us online. We are here to help.