Articles Posted in Employment Law

It is not unusual for a potential employee to be asked to sign a covenant not to compete as part of the hiring process in certain industries, particularly those involving sales. These agreements are clearly designed to favor the employer, not the employee, and are designed to prevent the employee from “stealing business” from the employer by luring customers to another company should the employment relationship end.

If the employee leaves his or her employment and the employer believes that the covenant not to compete has been violated, it may file suit against the employee, seeking injunctive relief, attorney fees, and other possible remedies. If you have a question that relates to a covenant not to compete, reach out to an Atlanta employment law attorney.

Facts of the Case

In a recent case, the plaintiff was a building supply company that sought to enforce a contractual agreement entered into between it and the defendant, a former employee. In September 2017, the trial court entered an order in the plaintiff’s favor, ordering the defendant to cease competing against it as a salesman (or in other capacities) for a period of two years. Less than two months later, the plaintiff filed a motion for contempt, claiming that the defendant had disobeyed the court’s order.

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An Atlanta employment lawsuit can arise in many different contexts. The legal remedies that may be available to a person whose employer has acted in violation of the law can vary, depending upon the circumstances. It is important to note that the plaintiff in such a case has the burden of providing credible evidence of the employer’s alleged wrongdoing, or else his or her claim will likely fail.

Facts of the Case

In a recent federal case, the plaintiff was an African-American female police officer who filed suit against the defendants, a city manager and a police chief, seeking relief under three federal statutes (42 U.S.C. § 1983, Title VII of the Civil Rights Act of 1964, and 42 U.S.C. § 1985) due to her termination for actions during a traffic stop involving a personal acquaintance. At first, the plaintiff was only placed on administrative leave so that an investigation could be performed. An outside agency then investigated the matter and concluded that the plaintiff had violated the standard operating procedure of the police department for which she had worked for some 15 years. More specifically, the agency determined that the plaintiff may have violated a procedure governing professional image and may have committed an obstruction of the deputies involved in the traffic stop. At some point after the investigation, the plaintiff was terminated.

The defendants sought summary judgment as to the plaintiff’s claims against them.

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While many Atlanta employment lawsuits involve claims made by a private individual against his or her corporate employer, not every case follows this model. In some suits, the defendant is a governmental entity for whom the plaintiff worked or aspired to work.

In such a suit, the person seeking to assert a legal remedy may be an employee of the defendant governmental entity, or he or she may be someone in a position of authority.

Facts of the Case

The plaintiff in a recent Georgia Supreme Court case was a mayor who was officially removed from office by the defendant city in May 2017. The removal occurred as a result of a hearing, presided over by a municipal court judge, in which the defendant’s city council voted to remove the plaintiff from his position. The plaintiff first sought review of that decision by filing a direct appeal in superior court but later filed a petition for a writ of certiorari. For awhile, the plaintiff continued to work as mayor, receiving his usual salary and benefits, but he stopped working at some point while the case was pending.

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In certain types of businesses, it is not unusual for an employee to be asked to sign a covenant not to compete against his or her employer, should he or she choose to terminate his or her employment in the future. An employee who chooses to violate such an agreement may find himself or herself the defendant in an Atlanta breach of contract action to enforce the terms of the employment agreement.

Of course, not every such agreement is enforceable in court. Typically, a covenant not to compete must be reasonable in scope and duration, issues that, ultimately, are up to the court to decide.

Facts of the Case

The plaintiff in a recent state court case was a limited liability company that owned a barbershop in Atlanta. The defendant began working as a master barber for the plaintiff’s barbershop in 2015. At first, the defendant was classified as an independent contractor, but, after two of the plaintiff’s employees left to open competing businesses in close proximity to its barbershop, the defendant was asked to sign an employment contract. This agreement contained several restrictions on the defendant’s post-employment activities, should she choose to terminate her employment with the plaintiff.

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If your employer is shaving your hours, don’t think you’re powerless to stop it. Save the evidence you do have, and don’t worry about the evidence you don’t have — holding employers accountable and collecting your due is an achievable result. Continue reading ›

A new rule issued by the Department of Labor (DOL) amends the Family Medical Leave Act’s (FMLA) definition of “spouse” to include same-sex couples married in states where same-sex marriage is legally recognized.

Under the new rule, codified at 29 C.F.R. § 825.102 and 825.122(b), two people are married for purposes of the FMLA if the jurisdiction in which they were married recognizes them as legally married. The old rule looked to the place of the couple’s residence, which meant that same-sex couples who resided in Georgia and Tennessee were not currently eligible for FMLA leave, even if they were married in one of the growing number of states that has legalized same-sex marriage.

The new rule also contemplates couples married outside the United States. A same-sex marriage or same-sex, common-law marriage originating in another country will be recognized under the FMLA so long as the couple could have been married or common-law married in at least one U.S. state.

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