Atlanta Employment Attorneys Blog

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

March 5, 2021 | Parks, Chesin & Walbert

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 trigger a wrongful discharge case, as can the firing of someone who has been hurt on the job or been absent for jury duty. There are some situations, however, in which a termination – though alleged to be wrongful by the discharged worker – is upheld as lawful by the court system.

This can happen when an employer has a legitimate, non-discriminatory reason for letting a worker go. A case appealed to the intermediate state appeals court recently explored whether an accusation of sexual misconduct might fall under this category, even though there had not yet been a conviction concerning the allegations.

Facts of the Case

In a recent appellate case, the plaintiff was a man who worked as a tennis manager for the defendant county. In April 2018, however, the plaintiff was the target of a lawsuit in which it was asserted that he had sexually abused a teenage girl at the defendant’s tennis facilities. Although the plaintiff denied the allegations, the defendant placed him on paid administrative leave for a period of about four months. Thereafter, the plaintiff was moved to “unpaid suspension” for another four months. Thereafter, he was terminated; as grounds, the defendant stated that the plaintiff’s excessive absences had resulted in his termination.
Continue reading ›

Georgia Man Fails to Convince Federal Court of Appeals that He Was the Victim of Unlawful Race Discrimination

February 25, 2021 | Parks, Chesin & Walbert

Those who believe that they may have a valid Atlanta race discrimination lawsuit against a current, former, or potential employer have a limited time to take legal action. Failure to file the appropriate paperwork within the time allowed by law can result in a complete forfeiture of one’s legal rights.

Once the claim is filed, there are other requirements imposed upon the employee, including the burden of producing legally admissible evidence tending to show that he or she was the victim of unlawful discrimination due to his or her race or color. In turn, the employer is apt to present a different view of the case, one in which it had a legitimate, non-discriminatory reason for its adverse employment decision towards the plaintiff.

At that point, it is likely that the employer will seek summary judgment, that is, a pre-trial order establishing that it is entitled to judgment as a matter of law. If the motion is granted, the employee may then seek the review of the court of appeals. If the court of appeals holds differently than the trial court, the matter may be sent back to the trial court for further proceedings.

Federal Appeals Court Holds That Amount of Attorney Fees Awarded in Fair Labor Standards Act Case in Georgia Was Reasonable Under the Circumstances

February 21, 2021 | Parks, Chesin & Walbert

The Fair Labor Standards Act (FLSA) is a federal law that establishes a minimum wage and sets forth the rules that apply to overtime pay. This important statute also codifies certain recordkeeping requirements that are to be imposed upon employers, and it has provisions designed to prevent the exploitation of children in the workforce.

If someone believes that they may have an Atlanta wage and hour claim, it is important that they speak with legal counsel as soon as possible. There are several important steps to asserting one’s legal rights under the FLSA, and deadlines may apply.

A successful FLSA litigant may be entitled to several types of damages, including a court order requiring the defendant employer to pay the plaintiff employee’s attorney’s fees and related litigation costs. The plaintiff employee may also be entitled to monetary compensation for unpaid overtime wages, among other damages.

Georgia Woman’s Employment Discrimination Claim Against College is Dismissed on Summary Judgment

February 14, 2021 | Parks, Chesin & Walbert

It is wrongful for an employer to discriminate against an employee because of his or her race, color, national origin, age, religion, sex, or disability. When an employer violates state or federal laws that forbid such conduct, the affected worker may be able to assert an Atlanta employment discrimination lawsuit.

If an employee (or former employee) is successful in his or her case, multiple forms of relief may be available, depending on the specific situation that gave rise to the claim. This might include injunctive relief (such as an order reinstating the worker to a particular position), front pay, back pay, compensatory damages, punitive damages, and/or attorney fees.

Of course, not every claim of employment discrimination is ultimately successful. The employee must be able to show that his or her race, age, sex, etc., was a motivating factor in the employer’s adverse decision (such as firing the employee or refusing him or her a promotion) and that any supposed non-discriminatory reason for the decision was not merely pretextual; unfortunately, this is not always possible. Continue reading ›

Georgia Workers Enter Into Agreement with Employer to Settle Fair Labor Standards Act Case Claiming Unpaid Overtime

February 7, 2021 | Parks, Chesin & Walbert

There was a lot of talk during the recent election cycle about the possibility of raising the minimum wage. Whether or not this will happen remains to be seen, but, in the meantime, there are a number of state and federal laws aimed at ensuring that workers are treated fairly when it comes to pay.

One such law requires that employees who put in more than 40 hours per week are entitled to be paid an overtime wage of one and a half times their regular pay. Not all workers qualify for overtime pay, but the vast majority do.

If you believe that you qualify for overtime pay, but your employer has not been paying you time and a half for your weekly hours over the 40-hour threshold, you should talk to an Atlanta wage and hour attorney. Be mindful that there are deadlines for filing claims for overtime pay, and claims not timely filed may be deemed waived.

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

March 16, 2020 | Parks, Chesin & Walbert

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.

The employer, by contrast, tends to advocate for a finding that the employee is bound by the terms of the agreement, regardless of their scope. As in most disputes between employees and employers, the issue will likely be decided by a state or federal court judge if the parties are unable to resolve the matter between themselves.

Facts of the Case

In a recent case, the plaintiff was a man who began working for the defendant asset management firm in 2008. At the time that he was hired, the plaintiff signed an employment agreement. In 2010, the plaintiff signed a new employment agreement, which superseded the 2008 agreement. Several restrictive covenants were contained in the 2010 agreement, including a non-compete clause, a prohibition on soliciting or hiring the defendant’s current or former employees, and a prohibition on soliciting certain entities who had done business with the defendant.

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

March 10, 2020 | Parks, Chesin & Walbert

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 damages claimed by the plaintiff, and factual information such as the plaintiff’s employment history.

While defendant employers do sometimes ask for more information than they are entitled to, it is the court’s job to “reign them in,” so to speak, if and when the plaintiff files an objection. If an objection is not timely made, the plaintiff will likely be compelled to answer the requests, even if they are arguably overbroad. Lawsuits in federal court are placed on a fairly rigid pre-trial discovery deadline, and failure to provide appropriate responses within the time ordered by the court can, ultimately, cause the plaintiff’s case to be dismissed and his or her legal rights to be forfeited.

Facts of the Case

In a recent case filed in the United States District Court for the Southern District of Georgia, Savannah Division, the plaintiff was a former employee of the defendant city. After the plaintiff filed a lawsuit seeking to assert certain employment law claims, the defendant served interrogatories and requests for production of documents on the plaintiff. The plaintiff allegedly failed to answer these discovery requests in a timely and/or thorough manner despite multiple requests by the defendants that she do so, and the defendants filed a motion to compel. The motion was withdrawn, and an amended scheduling order was entering giving the plaintiff additional time in which to respond. After the new deadline had come and went, the defendant was granted permission to refile its motion to compel.

Georgia Police Officer’s Retaliatory Discharge Claim Failed Due to Lack of Proof that Firing Was Pretextual

February 27, 2020 | Parks, Chesin & Walbert

An Atlanta wage and hour claim has the potential to anger the employer who is accused of wrongdoing, possibly subjecting the complaining employee to further misconduct in the workplace (assuming that he or she is still employed following the claim). Of course, it is important to note that it can be a violation of state and federal law for an employer to intentionally retaliate against a worker simply because he or she has asserted his or her legal rights in a court of law or other tribunal.

However, not every complaint of unlawful retaliation will be successful in court, as the employer does have some defenses, including an adverse employment action based on a legitimate reason rather than in retaliation; notably, in order for this defense to relieve it of liability for wrongful termination, the employer must be able to show that it was not merely pretextual.

Facts of the Case

In a case recently discussed by the United States District Court for the Southern District of Georgia, Savannah Division, the plaintiff was a former police officer whose employment was terminated by the defendant city in 2018. The plaintiff filed suit in federal court, alleging that the defendant had violated her legal rights under the Fair Labor Standards Act of 1938, § 28 U.S.C. 201, et seq. by engaging in unlawful workplace retaliation after the parties had settled a separate lawsuit in late 2017.

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

February 20, 2020 | Parks, Chesin & Walbert

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 a civil lawsuit has the burden of proving certain things in order to recover money damages or other relief, the opposing party also has certain responsibilities – including defending the case in a manner consistent with the applicable laws, rules, and regulations. When a defendant refuses to play by the rules, causing his or her opponent to waste time, money, and resources in pursuing his or her legal remedies, there can be serious repercussions, including having to pay the other litigant’s attorney fees and costs and, sometimes, punitive damages.

Facts of the Case

In a wrongful termination case recently considered on appeal by the Supreme Court of Georgia, the plaintiff was a man who was terminated from his job in 2012. He filed suit against his former employer, alleging that the employer had breached a severance agreement and other provisions in his contract of employment. While the litigation was pending, the employer’s business was bought by another company, who was then substituted as a corporate successor-in-interest. The trial court granted partial summary judgment to the plaintiff, holding that there was no basis for the employer withholding payment to him. The plaintiff was later awarded attorney fees and litigation expenses, with the trial court holding the employer and its successor jointly and severally liable.

Georgia Woman’s Employment Law Claims Dismissed by Federal Court

February 14, 2020 | Parks, Chesin & Walbert

There are several types of claims that may be possible in at Atlanta employment discrimination lawsuit. First, the plaintiff may allege that he or she was not hired, was fired, or was not promoted because of his or her race, color, gender, age, or disability. The plaintiff may further allege that he or she made a report of such discrimination and that, as a result, was the victim of some type of unlawful retaliation in the workplace.

It is important to note that the plaintiff has the burden of proof in most types of civil cases, including those involving employment law issues. Thus, it is important for the plaintiff to hire an experienced attorney who can help him or her review the facts, gather evidence, and prepare the case for trial.

Facts of the Case

In a recent case, the plaintiff was an African American woman who worked for the defendant employer from June 2013 to December 2015. During the first few months of her employment, the plaintiff and one co-worker were the only employees in the defendant’s headquarters. The plaintiff, who worked in community relations, reported directly to the other employee. After a while, additional employees were brought into the headquarters, and the plaintiff was given an option to whether to stay in the same department or transfer to a different department. The plaintiff chose to remain in the same role, but, according to the defendant, certain “performance issues” arose, and the plaintiff was terminated from her employment.