General Pay Law in Georgia
Under O.C.G.A. §34-7-2, Georgia requires employers, with limited exceptions, to pay all employees all wages due on paydays selected by the employer, with paydays being divided between at least two (2) equal pay periods per month. This rule does not apply to company officials, superintendents, or other heads or subheads of departments who are paid a stipulated salary and who can be paid monthly or annually.
Payment Upon Separation From Employment
While there are no specific laws on the books in Georgia regarding when and how an employer in Georgia must pay workers who have been fired; voluntary quit or resign; have left work due to a labor dispute or strike; or are laid off, the case laws is clear: Workers must be timely and fully paid for all monies earned prior to the termination. This is a matter of contract law and many of the requirements flow from the employment contract, commission schedule and/or any other documents or communications that govern the employer-employee relationship. Many times, the employment contract is not simply one document, but a number of documents that, taken together, comprise the agreement under which the employment took place. In addition, there are course of dealing precedents that also can be relied upon to form the contract terms under which the fired employee can collect commissions and other monies owed to her by the company.
This includes all commissions, vacation days, personal days, expenses incurred on behalf of the business, and ,any other types of remuneration that was earned and payable up to the time that the employee leaves the company. As with any other type of legal situation, the facts are unique and broad statements are usually not applicable, but as a general rule, these types of payments are usually due regardless of whether the employee quits, is fired or leaves under mutual agreement. We see many instances where a commissioned salesperson has earned a substantial commission and the company attempts to fire the salesperson (even when the salesperson is one of the top performers in the company) and avoid paying the commission that is earned and payable. This is not permissible under Georgia law.
Call (404) 923-7497 Today to Collect Your Pay
Robert J. Fleming and the firm of Katz, Wright, Fleming, Dodson & Mildenhall LLC have been handling employment law, including pursuing employers who have wrongfully withheld commissions from former (and current) employees, wrongful death cases, dental malpractice, bus accidents, car accident cases and premises injury cases for individuals and families who have been harmed, injured or died as a result of negligence for over 20 years. Mr. Fleming practices in and around the Atlanta, Georgia area including handling lawsuits in Fulton, DeKalb, Clayton, Gwinnett, Cobb and other counties and nearby cities such as Alpharetta, Chamblee, College Park, Conyers, Duluth, Decatur, Doraville, Hapeville, Johns Creek, Jonesboro, Lawrenceville, Norcross, Peachtree City, Riverdale, Roswell, Sandy Springs, Stone Mountain, and Smyrna. If you have been terminated and have not been fully paid the monies that you are owed by your former employer and would like to discuss your case in complete confidence, contact Robert J. Fleming directly on (404) 525-5150 or contact us online.