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Employment Law With No Contract In Georgia
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FAQ
Although not illegal, working with no contract of employment can be risky. Contracts exist to define the terms of employment and protect the rights of the employee – including in instances like wrongful dismissal. Thus, working without a contract can leave an employee in limbo.
Under the laws of the United States, there are no minimum requirements for an employment contract. Also, in most states, no written memorialisation of any terms is required. An employment relationship in the United States is presumed to be “at-will,” i.e., terminable by either party, with or without cause or notice.
If there is no contract regulating these matters, it is extremely difficult to take action against the employee – if there is no contract, or if the employee has never been informed, then he has the right to conclude that it does not exist.
True. Very few workers have contracts, unless they're a pro athlete, consultant/freelancer, or sometimes very high level executives. Normal workers do not have contracts, and can be fired or can quit at will.
Working without a written contract exposes your business to legal and commercial risks-including disputes, unclear obligations, and difficulty enforcing your rights. Verbal promises or email exchanges may not stand up in court-written, signed contracts offer clarity and reliable protection.
Unless you have a contract with your employer for a specified length of service, either you or your employer may terminate the employment relationship at any time, with or without cause, for any reason or no reason at all, with the exception of illegal discrimination. This is frequently called "Employment-at-Will."
Under Georgia law, for a contract to be valid, there must be an offer, acceptance, consideration, and mutual assent. See O.C.G.A. § 13-3-1. In the context of email communications, an offer can be made through an email, or contemporaneous emails, containing terms of a proposed agreement.
In Georgia, employees are presumed to be "at-will," and their employment may be terminated for any reason, at any time, with or without cause, as long as the reason is not specifically prohibited by law.
In Georgia, most workers are usually regarded as employees "at will." This means that the employee works at the will of the employer and the employer can fire the worker at any time, for any reason (just about), and without any notice.