O.C.G.A.
O.C.G.A. § 45-1-5 (2019)
Purging personnel records of terminated employee
✓ O.C.G.A. — 2019 edition (Public.Resource.Org Release 73)
Code text and O.C.G.A. statutory annotations on this page reflect the 2019 Official Code of Georgia Annotated (Public.Resource.Org Release 73, 2019-08-21; public domain per Georgia v. Public.Resource.Org, 2020). The Syfert case-law annotations in Notes of Decisions, below, are current.
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When an employee of the state or of a county, municipality, or school district is terminated and, as a condition of a settlement agreement, the personnel file of the employee is to be partially or totally purged, the former employee’s personnel records, including both the personnel file and any associated work history records, shall be clearly designated with a notation that such records have been purged as a condition of a settlement agreement. Such notation shall be disclosed to any subsequent governmental entity seeking information as to a former employee’s work history for the sole purpose of making a hiring decision.
History
(Code 1981, § 45-1-5, enacted by Ga. L. 1995, p. 1081, § 1.)
Notes of Decisions
Cited in 1
case, 2019–2019 · leading case: Franklin v. Pitts., 826 S.E.2d 427 (Ga. Ct. App. 2019).
Franklin v. Pitts., 826 S.E.2d 427 (Ga. Ct. App. 2019). “*562 Nothing in the text of OCGA § 45-1-5 (a) (5) suggests that an employer's "any other adverse employment action" against the whistleblower must be as serious as a discharge, suspension, or demotion.”
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