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Articles Posted in Employment Law

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Schoolteacher’s Claim Brought Pursuant to the Georgia Whistleblower Act Dismissed as Untimely

When an employee, former employee, or potential employee seeks to assert an Atlanta employment law claim, he or she must do so in a timely fashion. The exact time for the filing of a claim is dependent upon both the applicable law and the factual circumstances at hand. For instance,…

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Georgia Appeals Court Agrees that Termination of Tennis Manager Accused of Sexual Abuse of Teen Was Not Unlawful

An Atlanta wrongful termination lawsuit can arise from several different situations. Among these are cases in which someone is fired because of his or her gender, sex, or race, even if some other, superficial reason is alleged by the employer. Terminations based on a worker’s pregnancy or disability can also…

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Georgia Court of Appeals Addresses Injunctive Relief in Dispute Between Former Employee and Employer Regarding Restrictive Covenants

The validity of a covenant not to compete or other restriction in an employment agreement can be the focus of an Atlanta employment lawsuit. Typically, the employee urges the court to find that the agreement was not valid for a particular reason, such as being overly broad in its terms.…

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Former Employee Compelled to Answer Discovery Requests in Employment Law Case Filed in Federal Court Sitting in Georgia

In an Atlanta employment case, both the plaintiff and the defendant have certain responsibilities. One of the plaintiff’s responsibilities is to answer, as fully, thoroughly, and honestly as possible, any legitimate requests for discovery promulgated by the defendant. This typically includes the names of potential witnesses, a description of the…

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Georgia Supreme Court Holds That Punitive Damages Are Potentially Available in Abusive Litigation Lawsuit Stemming from Employee’s Firing

As the saying goes, “There are two sides to a story.” Generally speaking, this is true. However, in an Atlanta wrongful termination case, there may be only one truth, and “the other side of the story” may simply be the opposing party’s attempt to avoid liability. While the plaintiff in…

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Federal Employment Discrimination Claim Falls Due to Lack of Proof of Different Treatment to Similarly Situated Employee

To prove an Atlanta employment discrimination claim, the plaintiff must do more than simply allege that he or she was treated unfairly due to his or her age, race, gender, or other protected status. Rather, there must be competent evidence to show that the plaintiff suffered adverse treatment but a…

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Eleventh Circuit Decision in Retaliation Case Could Affect Georgia Employees

In order to establish liability in an Atlanta wrongful termination case based on retaliation, the employee must be able to show that he or she engaged in protected activity, that he or she suffered an adverse employment action, and that there was a causal relationship between the protected activity and…

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Dismissal of Pro Se Litigant’s Employment Law Case Provides Lesson to Georgia Residents on the Perils of Self-Representation

The need for quality legal representation when dealing with matters such as an Atlanta employment discrimination case cannot be overstated. While a plaintiff does, technically, have the right to self-representation, this is never a good idea. The same rules, laws, and procedures apply to those representing themselves as apply to…

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Georgia Woman Must Arbitrate Age and Disability Claims, According to Federal Court

Employees who believe that they have been discriminated against due to age by a current, former, or potential employer may assume that they will eventually have their day in court if they file an Atlanta age discrimination claim. While the United States Constitution does guarantee the right to a jury…

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Summary Judgment Granted to Employer in Georgia Man’s Retaliatory Discharge Suit

Last week, we told you about a Georgia retaliatory discharge claim. A woman was allegedly fired in response to her husband (who worked for the same employer) speaking out against workplace discrimination of a job applicant. As that case explained, the husband, too, had filed a claim against the employer,…

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