Employment disputes regarding wrongful termination are among the most common and impactful categories of litigation in Georgian courts. When an employer violates dismissal procedures or fires an employee based on discriminatory/unsubstantiated motives, the employee has strong legal leverage. According to court practice, in a successful dispute, the employee gains not only the right to reinstatement but also compensation for forced idleness (full back pay) from the day of dismissal until the enforcement of the decision. This service covers both employee protection (filing lawsuits) and employer representation (defense against baseless claims).
What Does the Wrongful Termination Defense Service Cover?
Lawyers on Legal.ge specialize in labor litigation and offer:
- Case Prospect Assessment: Analyzing the dismissal order and circumstances while considering the statute of limitations (30 days).
- Preparation and Filing of Lawsuit: Formulating demands: reinstatement, back pay, or compensation if reinstatement is impossible.
- Mediation: Negotiating with parties before or during the court process to reach a settlement.
- Court Representation: Protecting the party's interests in all three instances of court.
- Proving Discrimination: If the dismissal was based on a protected characteristic (gender, age, pregnancy, political view), claiming additional compensation.
Common Real-World Scenarios
Court disputes often arise due to the following violations:
- Dismissal of Pregnant Women: An action strictly prohibited by law, almost always resulting in the employer's defeat.
- Sham Reorganization: When a company announces redundancy to get rid of a specific unwanted employee, but in reality, the position remains or a new person is hired.
- Procedural Violations: Firing without notice, failure to deliver the order, or lack of justification.
Georgian Legislation and Legal Framework
The main legal basis for the dispute is Article 48 and Article 2 of the Labor Code of Georgia. The law sets a strict statute of limitations: the employee must file a lawsuit within 30 calendar days of receiving the dismissal order. Missing this deadline is often grounds for dismissing the claim, so rapid response is critical.
The burden of proof is reversed in court (Article 40^1): the employer is obliged to prove that the dismissal was legal. If they fail to present sufficient evidence, the court declares the order void and orders payment of back pay.
Step-by-Step Process with a Specialist
A successful dispute requires a strategic approach:
- Consultation and Deadline Check: First, determining if the 30-day deadline has passed.
- Evidence Collection: Gathering correspondence, witness testimonies, and internal regulations.
- Filing Lawsuit: Submitting the claim to the City Court.
- Enforcement: Receiving compensation through the National Bureau of Enforcement after winning the case.
Why Choose a Specialist on Legal.ge?
Labor disputes require specific knowledge. Employers often hire expensive law firms, so employees need a qualified lawyer to restore the balance of power. Specialists on Legal.ge have experience in hundreds of successful cases, increasing your chances of success in this unequal battle.
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