Wrongful termination involves a labor dispute that directly affects a person's livelihood. Article 37 of the Labor Code of Georgia exhaustively lists the grounds for terminating an employment contract (e.g., economic necessity, breach of obligation, incompetence). Any dismissal not based on these grounds or violating procedural rules (e.g., notice period) is considered illegal. A wrongfully terminated individual has the right to demand reinstatement and compensation for lost wages from the date of dismissal until the enforcement of the decision.
This service serves both employees who believe their rights have been violated and employers wishing to defend themselves against baseless lawsuits. Often, the real reason for dismissal is discrimination, personal vendetta, or pregnancy, masked as "reorganization." Lawyers featured on Legal.ge will help you assess the legality of the dismissal order, develop a strategy, and defend your interests in court.
What does the Wrongful Termination Defense service cover?
- Dismissal Order Analysis: Evaluating whether the order is substantiated and contains factual and legal grounds.
- Reinstatement Claims: Preparing a lawsuit demanding reinstatement to the original position (or an equivalent one).
- Compensation Claims: Demanding reimbursement for forced downtime and, if reinstatement is impossible, additional compensation.
- Employer Defense: Protecting company interests if the dismissal was legal and well-documented (e.g., proof of disciplinary misconduct).
- Evidence Gathering: Obtaining internal correspondence, audio-video materials, and witness testimonies to strengthen the position.
- Negotiation: Settling the dispute out of court in exchange for compensation.
Common scenarios requiring this service
A typical scenario is "reorganization," where staff is not actually reduced, but an old employee is let go and a new one is hired under a different title. This is fictitious reorganization and easily challenged. Another scenario is disciplinary misconduct, where an employee is fired for a minor delay while others are excused for the same (discriminatory approach). A third case involves an employer who correctly fired an incompetent employee but forgot to give a written warning, leading to a lawsuit.
Georgian Legal Framework
The dispute is based on Articles 37 (Grounds for Termination), 38 (Termination Procedure), and 48 (Dispute Resolution) of the Labor Code of Georgia. According to Supreme Court practice, the burden of proof that the dismissal was legal lies with the employer. The deadline for filing a lawsuit is strictly defined — 30 calendar days from the receipt of the dismissal order.
Step-by-step service process
The process begins with checking deadlines (30 days). The lawyer prepares the lawsuit and files it in court. Concurrently, it is possible to freeze the employer's assets to secure the claim. During the court hearing, parties exchange arguments. If the court annuls the order, the employer is obliged to reinstate the person and pay back wages.
Why choose a specialist on Legal.ge?
In wrongful termination cases, details matter. On Legal.ge, you will find labor law experts with a high success rate in such disputes who can protect your career and financial stability.
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