Employment and Independent Contractor Agreements

Losollc.com

Georgia is an “at-will” state. This means that employers may terminate an indefinite term employment or contractor relationship for any reason that is not otherwise prohibited by law or for no reason at all.

Essentially, the courts will not second-guess a legitimate business decision in workforce management but will intervene when such a decision is actually an attempt to treat an employee differently or adversely due to protected grounds such as race, religion, sex, national origin, retaliation for enforcing one’s rights or whistleblowing, among others.

An employment agreement or an independent contractor agreement of fixed and definite duration however, can create further rights for the employee such as breach of contract, wrongful termination claims and put many other obligations on the employer not required by law.

Thus, employment agreements should not be entered into flippantly, but rather it requires much thoughtful consideration and … experienced counsel.