What are the steps an employer should take when terminating an employee in Georgia?

As an attorney, I can advise that employers in Georgia must follow certain steps in order to lawfully terminate an employee. Below are the steps an employer should take when terminating an employee in Georgia:

1. Review Employment Contract: If the employee has a written employment contract with the employer, the employer should review it to ensure that there are no specific requirements or limitations for terminating the employee.
2. Ensure that Termination is Lawful: Employers should make sure that the termination is based on legally permissible reasons such as poor performance, violation of company policies, or restructuring. Termination based on discriminatory practices or retaliation may result in legal claims against the employer.
3. Provide Written Notice: The employer should provide the employee with a written notice of termination stating the date of termination, reasons for termination, and any severance offered. The notice should be given in person or by mail, but not by email or text message.
4. Offer Severance Package: The employer may offer a severance package as a way to mutually agree upon the end of the employment relationship. The severance package should be in exchange for the employee's release of any legal claims against the employer.
5. Collect Company Property: The employer should ensure that all company property such as laptops, keys, and badges are collected from the employee when they leave the premises.
6. Final Paycheck: Employers must provide the employee with their final paycheck on the date of termination. This includes any unpaid wages, vacation or sick pay, and any other benefits the employee has earned.
7. Provide COBRA Notice: If the employer has more than 20 employees, they are required to offer the terminated employee COBRA continuation coverage for group health plans. The employer should send the employee a notice explaining their rights to continue healthcare coverage at their own expense.

It is important for employers to follow these steps as failure to follow them may result in legal claims against the employer. If an employer is unsure of any specific requirements or limitations for termination, they should consult with a licensed attorney to ensure that they are complying with state and federal laws.