Atlanta Employment Attorneys Blog

Georgia Employee Was Entitled to Pursue Quantum Meruit Pay, Even Though His Employment Contract Was Too Vague to Enforce

June 5, 2019 | Parks, Chesin & Walbert

Each Atlanta employment law case is unique, with its own set of facts and issues. In addition to matters such as sexual harassment and employment discrimination, the issue of compensation is fairly common.

Disputes about an employee’s pay can occur at many different pay levels, from employees who maintain that they were not paid even the federally mandated minimum wage to professionals who claim that they were not compensated according to a written or oral agreement between them and the business for which they worked. At the end of the day, everyone – from the lowest paid to the most highly compensated individuals – want a fair wage for the work they have done.

Facts of the Case

In a recent case, the plaintiff was a man who had an unpaid clerking position with the defendant law firm while he was attending law school. After obtaining his license, the plaintiff accepted a job as a “contract associate” with the firm. Via an employment agreement (in the form of a letter), the law firm agreed to compensate the plaintiff for his services by paying him a part of the fee earned by the firm upon the resolution of cases in which he was involved. The exact amount of compensation was not specified but was to be determined on a case by case basis.

Dismissal of ADA and FMLA Claims Affirmed by 11th Circuit, the Court to Which Federal Cases Arising in Georgia Are Heard on Appeal

May 30, 2019 | Parks, Chesin & Walbert

An Atlanta employment lawsuit can arise from an employer’s alleged violation of several different state and federal laws, including both the Americans with Disabilities Act and the Family Medical Leave Act.

However, it should be pointed out that the plaintiff has the burden of proving each and every element of his or her case, which can sometimes be a difficult task.

Of course, each case is decided upon its own merits, so the fact that the plaintiff in a particular case was unsuccessful in his or her quest for legal redress should not discourage a would-be litigant from asserting his or her own legal rights in a separate suit.

Dismissal of Claim Against Georgia Department of Labor for Inadvertent Disclosure of Private Information Dismissed by State Supreme Court

May 24, 2019 | Parks, Chesin & Walbert

There are many different types of Atlanta employment law claims – employment discrimination, retaliatory discharge, and sexual harassment, just to name a few.

Workers’ compensation claims and even unemployment law claims can also occur because of things that occur in the workplace.

A recent claim by a worker – who sought to have his action certified as a class action – involved alleged negligence by the state in the handling of certain personal information obtained as part the workers’ claims for unemployment benefits or other services.

Federal Court Refuses to Force National Labor Relations Board to Reopen Wrongful Termination Case

May 16, 2019 | Parks, Chesin & Walbert

When workers are party to a collective bargaining agreement, they typically have rights beyond those generally afforded to employees under the law.

When an employer runs afoul of the provisions of such an agreement, there may be consequences, including an Atlanta employment law claim and/or proceedings before the National Labor Relations Board.

If a party is aggrieved by the decision of the Board, there is the possibility of further review from an appellate court.

Pregnancy Discrimination Claim Fails, According to Federal Circuit Court That Also Hears Appeals from Georgia Employment Law Cases

May 8, 2019 | Parks, Chesin & Walbert

There are certain types of discrimination that are unlawful in the workplace. This includes discrimination based upon gender, age, and race, as well as discrimination against someone simply because she is pregnant.

An Atlanta employment discrimination lawsuit is one way for an employee to seek money damages and other legal remedies in such a situation.

Of course, not every such claim is successful. In some cases, the employer may offer proof of a nondiscriminatory reason for an adverse employment decision that impacted the employee, in which case it is typically up to the jury to decide which party’s version of events is more credible.

Federal Court Rules Against Georgia Worker on Breach of Contract Claim Regarding Pay

April 30, 2019 | Parks, Chesin & Walbert

There are many different issues that can arise in an Atlanta employment law dispute. In addition to matters like discrimination and harassment, an employee may seek legal redress for unpaid or underpaid wages.

Sometimes, such a claim is pursued under state or federal wage-and-hours laws, but this is not always the case.

Depending upon the circumstances, a breach of contract action may provide a viable remedy for an employee who believes that he or she has not received the pay that he or she was rightly due.

Federal Court Hearing Georgia Woman’s Retaliation Case Rules Partially in Her Favor, Partially in Employer’s Favor, on Motion to Dismiss

April 22, 2019 | Parks, Chesin & Walbert

An Atlanta employment discrimination case can be complex, with multiple allegations and several different theories of recovery.

For example, a worker may allege that he or she has been treated in a way that runs afoul of state or federal anti-discrimination laws.

The employee may further allege a claim for retaliation if he or she reported the initial act of discrimination and, thereafter, was the victim of adverse employment action (such as being passed over for a promotion) as a result.

Federal Court Grants Summary Judgment to County in Georgia Sheriff Department Employees’ FLSA and Breach of Contract Suit

April 16, 2019 | Parks, Chesin & Walbert

Under the Fair Labor Standards Act, most employees are entitled to a minimum wage, as well as certain overtime pay benefits. An employee who believes that his or her employer has acted wrongfully under the Act should consult an attorney about the possibility of filing an Atlanta wage and hour lawsuit.

In such a suit, the plaintiff has the burden of proof, meaning that he or she must be able to convince the court of his or her entitlement to relief by a preponderance of the evidence.

If he or she is unable to do so, it is likely that the case will be dismissed on summary judgment or at trial.

Georgia Supreme Court Sets Forth Procedure for Evaluating Motion to Strike “Scandalous” Allegations in Lawsuit Involving Breakup of Medical Practice

April 2, 2019 | Parks, Chesin & Walbert

It’s been said that “breaking up is hard to do.” While this can certainly be true of romantic relationships, it can also be true of professional Georgia business partnerships. Just as former spouses and romantic partners can go from being in love to holding one another in contempt, business relationships, too, can deteriorate to the point where parting company is the only workable solution. Of course, sometimes one (or both) parties to a breakup holds onto the hostilities and acrimonious feelings, causing the situation to worsen over time.

Facts of the Case

In a recent case, the “contentious relationship” of two former business partners (doctors, who worked together as partners in an Atlanta medical practice) resulted in litigation that made its way all the was to the state’s highest court. The plaintiff complaint alleged causes of action for (among other things) civil conspiracy, intentional infliction of emotional distress, invasion of privacy, slander and oral defamation, and tortious interference with business relations.

After the defendants filed a motion to strike matter from the plaintiff’s pleading on the ground that it was “scandalous,” the trial court struck approximately 15 paragraphs of the plaintiff’s complaint. The intermediate court of appeals reversed most of that order, and the defendants appealed. Continue reading ›

Employees’ Suit for Alleged Illegal Payday Loan Scheme Is Dismissed on Summary Judgment by Federal Court in Georgia

March 26, 2019 | Parks, Chesin & Walbert

Under state and federal law, there are several different types of claims that may arise in an Atlanta wage and hour violation case, including allegations of unpaid overtime, unpaid hours, minimum wage violations, and/or misclassifications. It is important to contact an attorney promptly if you believe that your employer has violated these or other employment-related laws.

Facts of the Case

The plaintiffs in a recent case were current or former employees of a certain manufacturer of portable storage buildings in Swainsboro, Georgia. They filed suit against the defendants, the manufacturer and its chief executive officer, in 2017, asserting a putative class action arising from what the plaintiffs characterized as an “illegal payday lending scheme within the manufacturing facility.” (Certification as a class action was later denied.)