Wrongful Termination in Georgia (2026): Laws, Deadlines, How to File

Georgia is an employment-at-will state, so a firing is wrongful only when it breaks a specific law or contract. Georgia also has no general state anti-discrimination law that private-sector workers can enforce: the Georgia Fair Employment Practices Act covers state government jobs only, so most private-sector discrimination claims run through federal law. And in Reilly v. Alcan Aluminum Corp., 272 Ga. 279 (2000), the Georgia Supreme Court refused to allow a tort claim for an age-based firing, saying judicially created exceptions to at-will employment are not favored and Georgia courts generally defer to the legislature.

What Georgia law does offer is narrow: a disability discrimination statute with a 180-day deadline to sue, protection for employees called to jury duty or other court process, a retaliation claim for local government workers who oppose or report sexual harassment, and the state-employee complaint process. To compare other states, see our guide to wrongful termination laws by state.

Information last verified on October 10, 2026. This article has not been reviewed by a licensed lawyer.

Jurisdiction scope: This article covers Georgia law on the firing of employees: the at-will rule (O.C.G.A. 34-7-1), the Georgia Equal Employment for Persons With Disabilities Code (O.C.G.A. 34-6A), the age statute (O.C.G.A. 34-1-2), the court-attendance protection (O.C.G.A. 34-1-3), and the Georgia Fair Employment Practices Act for state employees (O.C.G.A. 45-19-20 and following), with short notes on the federal laws most private-sector workers rely on. The federal rules in full are on our wrongful termination laws by state guide. It does not cover severance agreements; see Georgia severance pay laws.

About the Georgia statute text on this page: Georgia's official code is published through a commercial site we could not use for this update. Except where this page quotes a court opinion, an enacted bill or a state agency page, the Georgia statute text described here comes from a 2021 release of the Official Code of Georgia Annotated. We checked the Georgia Legislative Counsel's lists of Code sections changed in the 2022, 2023, 2025 and 2026 sessions: none changed the sections this page relies on, except a 2025 addition to O.C.G.A. 34-6A-4 on subminimum wages that does not affect the discrimination rule, a 2026 wording-only code-revision change to O.C.G.A. 38-2-279, and a 2022 law (described below) creating a retaliation claim for local government workers. We could not check the 2024 session, so confirm a section's current text before relying on it.

Is Georgia an at-will state?

Yes. The Georgia Supreme Court summarized the rule in Reilly (2000): "Pursuant to OCGA 34-7-1, an at-will employee generally may be terminated for any reason, and the employee may not recover from the employer in tort for wrongful discharge." For how the doctrine works day to day, see Georgia at-will employment laws.

So the useful question after a firing in Georgia is whether a specific statute or a contract was broken. For most private-sector workers, that usually means a federal statute.

Grounds for a wrongful termination claim in Georgia

No public-policy exception (Reilly v. Alcan)

Many states let a fired employee sue when the firing violates public policy. Georgia's highest court has not created that claim. In Reilly, answering a certified question from the federal Eleventh Circuit, the court wrote: "Although there can be public policy exceptions to the doctrine, judicially created exceptions are not favored, and Georgia courts thus generally defer to the legislature to create them."

The court held that an at-will employee may not sue in tort under O.C.G.A. 51-1-6 or 51-1-8 for wrongful discharge based on age discrimination, because the General Assembly gave the age statute no civil remedy. The opinion did not decide the full extent of the courts' power to create an exception, but the practical result is that a Georgia firing claim needs a statute or contract behind it.

Discrimination by a private employer: federal law

Georgia has no general state statute that lets a private-sector worker sue or file a state complaint over a firing based on race, color, religion, sex or national origin. The Georgia Commission on Equal Opportunity's Equal Employment Division says it enforces the Fair Employment Practices Act for "those seeking employment within State of Georgia government" or employees "within State of Georgia government."

Private-sector workers therefore generally rely on federal law, filed through the EEOC:

• Title VII (race, color, religion, sex, national origin) and the ADA (disability) cover employers with 15 or more employees (42 U.S.C. 2000e(b); 42 U.S.C. 12111(5)).
• The federal age law (ADEA) covers employers with 20 or more employees (29 U.S.C. 630(b)).

Disability: the Georgia Equal Employment for Persons With Disabilities Code

This is the one Georgia discrimination statute for private employers that a worker can sue under, based on the code text we reviewed. It covers a person or governmental unit in Georgia with 15 or more employees (O.C.G.A. 34-6A-2(2)) and bars disability discrimination (O.C.G.A. 34-6A-4). O.C.G.A. 34-6A-5 also bars firing someone for opposing a practice the chapter makes unfair, or for filing a charge, testifying or taking part in a proceeding under it.

Its procedure is different from the federal route:

• No agency step is stated. The worker files a civil action directly in any court of record (O.C.G.A. 34-6A-6(a)).
• Short deadline. The action "shall be brought within 180 days after the alleged prohibited conduct occurred," and each plaintiff must file written consent (O.C.G.A. 34-6A-6(a)).
• Limited relief. The court may order an injunction, hiring, reinstatement, upgrading or restoration, "may award to the plaintiff back pay," and "may award court costs and reasonable attorneys' fees to the prevailing party" (O.C.G.A. 34-6A-6(b)). That fee clause runs both ways, so a losing worker could be ordered to pay the employer's fees. The section lists no compensatory or punitive damages.

Age: a criminal fine, not a lawsuit

O.C.G.A. 34-1-2 bars discrimination against workers aged 40 to 70 "solely upon the ground of age," with no employer-size threshold stated. A violator "shall be guilty of a misdemeanor" and fined "not less than $100.00 nor more than $250.00." The statute gives the fired worker no civil remedy, and Reilly held that a worker cannot use the general tort statutes to sue over it. A private-sector age claim generally runs through the federal ADEA instead.

Firing for jury duty or court attendance

O.C.G.A. 34-1-3 makes it unlawful for an employer "to discharge, discipline, or otherwise penalize an employee because the employee is absent from his or her employment for the purpose of attending a judicial proceeding in response to a subpoena, summons for jury duty, or other court order or process." Threats are also unlawful. The protection does not apply to an employee charged with a crime, and the employer may require reasonable notice of the absence.

An employer that violates it is "liable to the injured employee for all actual damages thereby suffered ... and for reasonable attorney's fees" (O.C.G.A. 34-1-3(b)). The section states no deadline to sue, so get advice promptly.

Other Georgia retaliation rules

• Sex-based pay complaints: O.C.G.A. 34-5-3(c) makes it unlawful to discharge an employee "because such employee has made a complaint" or started a proceeding under Georgia's sex-based wage discrimination chapter, which applies to employers with 10 or more employees (O.C.G.A. 34-5-2(4)). Our research did not fully establish the remedy or deadline.
• Workers' compensation: our research did not establish whether Georgia has a statute barring retaliation for a workers' compensation claim. Ask a lawyer before assuming either way. For the benefits side, see Georgia workers' compensation laws.
• Local government workers and sexual harassment: since July 1, 2022, O.C.G.A. 34-5A-2 lets an employee of a county, city or consolidated government sue the government for firing, suspending, demoting or taking other adverse action because the employee opposed or reported sexual harassment or took part in an investigation or proceeding about it. The suit follows O.C.G.A. 45-1-4(e): under the 2021 code text, it is due within one year after you discover the retaliation or three years after it, whichever is earlier, and a court may order reinstatement, lost wages and benefits, other compensatory damages, and attorney's fees.
• Military service: the Georgia statute in our research, O.C.G.A. 38-2-279, covers public officers and employees on ordered military duty. Private-sector workers have the federal USERRA protection against being denied retention in employment because of military service (38 U.S.C. 4311(a)).

Whistleblowing

Georgia's whistleblower statute, O.C.G.A. 45-1-4, protects public employees (state employees and employees of local entities receiving state funds) who disclose violations of law or fraud, waste and abuse. Under the 2021 code text, a public employee must sue in superior court within one year after discovering the retaliation or within three years after it, whichever is earlier, and a court may order reinstatement, lost wages and benefits, other compensatory damages, and attorney's fees (O.C.G.A. 45-1-4(e), (f)). Our research did not locate a general whistleblower statute for private-sector employees, though we did not review every title of the code. For more, see Georgia whistleblower laws.

Contracts, handbooks and good faith

The at-will rule in O.C.G.A. 34-7-1 applies to an indefinite hiring, so a contract for a stated term is a different question. Our research did not establish when a Georgia court will treat a handbook or an oral promise as changing at-will status, or whether Georgia recognizes a duty of good faith in at-will firing, so have a lawyer review any written promise. Under the code text we reviewed, a claim on a written contract has a 6-year limitations period (O.C.G.A. 9-3-24) and a claim on an implied promise or a contract not signed by the party has 4 years (O.C.G.A. 9-3-25).

State government employees: the Fair Employment Practices Act

Employees of, and applicants to, Georgia state government agencies are covered by the Georgia Fair Employment Practices Act. The code text we reviewed applies it to state agencies with 15 or more employees (O.C.G.A. 45-19-22(5)) and bars discrimination based on race, color, religion, national origin, sex, disability, or age (O.C.G.A. 45-19-29), with age covering ages 40 to under 70 (O.C.G.A. 45-19-28). The GCEO says that, following Bostock v. Clayton County, the basis of sex in a complaint under the Act includes sexual orientation.

The Georgia Commission on Equal Opportunity's employment FAQ says: "You must submit a written, sworn complaint of discrimination within one hundred eighty (180) days from the date of the alleged unlawful employment practice." Under the code text we reviewed, the administrator makes a reasonable-cause determination within 90 days (O.C.G.A. 45-19-36(c)), and a party may petition superior court for review within 30 days of a final order (O.C.G.A. 45-19-39(a)). Back pay cannot reach more than two years before the complaint, and any monetary award "shall be for actual damages only" (O.C.G.A. 45-19-38). If the complainant wins on superior court review, the court may award reasonable attorney's fees and costs (O.C.G.A. 45-19-39).

Wrongful termination deadlines in Georgia

On the federal charge deadline, the EEOC's Atlanta and Savannah offices, which cover Georgia, say an individual in Georgia has 300 days from the date of alleged harm to file a charge against an employer with 15 or more employees (race, color, national origin, sex, religion or disability) or 20 or more employees (age). We did not research local ordinances in Georgia cities.

Where to file in Georgia

• Private employer, discrimination: the EEOC, through the EEOC Public Portal, or by phone at 1-800-669-4000 when a deadline is near. Under Title VII, the ADA and GINA you need an EEOC charge before suing; under the ADEA you can sue 60 days after filing the charge, without a right-to-sue notice.
• Georgia disability code claim: directly in court, within 180 days.
• State government employee: the Georgia Commission on Equal Opportunity, Equal Employment Division.
• Court-attendance and contract claims: directly in court.

What a court can award

Georgia disability code. Injunctions, hiring or reinstatement orders, back pay, and court costs and attorney's fees to the prevailing party (O.C.G.A. 34-6A-6(b)); no compensatory or punitive damages are listed.

Court-attendance statute. All actual damages plus reasonable attorney's fees (O.C.G.A. 34-1-3(b)).

Federal law. Title VII and the ADA cap combined compensatory and punitive damages at $50,000 to $300,000 depending on employer size (42 U.S.C. 1981a(b)(3)); back pay is outside the cap. The wrongful termination guide lists the tiers.

Practical steps after a firing in Georgia

Write down the date you were fired, who told you, the reason given, and any complaint, report or court summons involved, and keep copies of texts, emails, reviews and the termination notice. Because most Georgia claims run through federal law or the disability statute, the 180-day deadline to sue under the Georgia disability code and the EEOC's 300-day charge deadline are the clocks to watch first. Our research did not locate a Georgia statute requiring a private employer to give a written reason for a firing.

If the employer offers money for a release, read it before signing: a release can give up the claims described here. Our Georgia severance pay laws page covers those agreements, and the wrongful termination guide has more on preparing for a claim.

Recent changes and pending bills

The Georgia Legislative Counsel's 2025 and 2026 session summaries list no new law creating a state cause of action for private-sector workplace discrimination, harassment or retaliation. In 2022, H.B. 1390 created the retaliation claim for local government workers who oppose or report sexual harassment (O.C.G.A. 34-5A-2), described above. In 2025, S.B. 55 added a phase-out of subminimum wages for workers with disabilities to O.C.G.A. 34-6A-4. In 2026, S.B. 523 (effective May 5, 2026) barred discrimination based on race, ethnicity, national origin or religion in employment practices of public schools and colleges that receive state or federal funding; we did not review how it is enforced. We could not check the 2024 session summary. We also did not find a 2025-2026 Georgia Supreme Court decision on wrongful discharge, though we did not search systematically. Check the current code before relying on the Georgia statute details above.

Related

• Wrongful termination laws by state
• Georgia at-will employment laws
• Georgia whistleblower laws
• Georgia workers' compensation laws
• Georgia severance pay laws

Disclaimer: This article provides general legal information about Georgia wrongful termination law (the at-will rule in O.C.G.A. 34-7-1, the Georgia Equal Employment for Persons With Disabilities Code, O.C.G.A. 34-1-2 and 34-1-3, and the Georgia Fair Employment Practices Act for state employees) and the federal laws that apply in Georgia. It is not legal advice. The information was verified on October 10, 2026, except that the Georgia statute text comes from a 2021 code release as explained above. For advice about your situation, contact the EEOC, the Georgia Commission on Equal Opportunity (state employees), a legal aid office or a lawyer licensed in Georgia.

Last updated: October 10, 2026.

Frequently Asked Questions

Can I sue for wrongful termination in Georgia?

Only when the firing broke a specific statute or a contract. Georgia is at-will, and in Reilly v. Alcan Aluminum Corp. (2000) the Georgia Supreme Court said an at-will employee generally may not recover in tort for wrongful discharge and that Georgia courts defer to the legislature to create exceptions.

Does Georgia have a state discrimination law for private employers?

Not a general one. The Georgia Fair Employment Practices Act covers state government employment only, so private-sector workers fired for race, sex, religion, national origin or similar reasons generally file with the EEOC under federal law.

Can I sue under Georgia's age discrimination law?

No. O.C.G.A. 34-1-2 makes age discrimination against workers aged 40 to 70 a misdemeanor with a fine, and the Georgia Supreme Court held in Reilly (2000) that it does not support a tort suit. Private-sector age claims generally go through the federal ADEA, which covers employers with 20 or more employees.

How long do I have to file a disability discrimination lawsuit under Georgia law?

180 days. Under the code text we reviewed, O.C.G.A. 34-6A-6(a) requires the civil action to be brought within 180 days after the conduct, and the statute covers employers with 15 or more employees.

What is the EEOC deadline for a Georgia worker?

300 days. The EEOC's Atlanta and Savannah offices say an individual in Georgia has 300 days from the date of alleged harm to file a charge against an employer with 15 or more employees, or 20 or more for age claims.

Can I be fired in Georgia for jury duty?

No. O.C.G.A. 34-1-3 bars discharging or penalizing an employee for attending court under a subpoena, jury summons or other court order, and lets the employee recover actual damages and reasonable attorney's fees.

Where do Georgia state employees file a discrimination complaint?

With the Georgia Commission on Equal Opportunity's Equal Employment Division, which says a written, sworn complaint must be filed within 180 days of the alleged unlawful employment practice.

Is there a public-policy exception to at-will employment in Georgia?

The Georgia Supreme Court has not created one. Reilly (2000) said judicially created exceptions are not favored and that Georgia courts generally defer to the legislature.