Atlanta Employment Attorneys Blog

Federal Court Dismisses Georgia Woman’s Gender-Based Employment Discrimination Claim

July 9, 2019 | Parks, Chesin & Walbert

There are several different types of unlawful conduct that may be asserted in an Atlanta employment discrimination lawsuit: Sex discrimination, race or color discrimination, age discrimination, national origin discrimination, religious discrimination, and/or disability discrimination.

As with other types of civil cases, the plaintiff has the burden of proving his or her case by a preponderance of the evidence. This is not always an easy task, given that an employer accused of wrongful conduct will often fight extremely hard against a finding of employment discrimination, so as to discourage other employees from also taking legal action.

Facts of the Case

In a recent case, the plaintiff was a woman who worked for the defendant county for approximately 20 years before applying for a construction director position in 2013 (her job at the time was “Planner III,” which involved coordinating the work of contractors, managing projects, and handling associated paperwork.) The defendant division director was responsible for interviewing candidates for the construction director position and making a recommendation to his supervisor. The plaintiff, along with several others, applied for the job and went through the interview process, but she was not offered the position. Rather, the job was offered to a male who had interviewed for the job, and, when he declined the offer, an offer was made to another male who did not interview for the position (the director knew this individual through other projects). After the second male also turned down the job, the spot was left open.
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Federal Court Denies College’s Motion to Dismiss Georgia Woman’s Employment Discrimination Lawsuit

June 27, 2019 | Parks, Chesin & Walbert

In an Atlanta employment discrimination case, the burden of proof rests on the plaintiff. In order to succeed at trial, the plaintiff must be able to prove each and every element of his or her case. Of course, the defendant in such a case is often quick to seek dismissal of the plaintiff’s lawsuit, sometimes before the discovery process has even begun. In some situations, dismissal of a particular complaint is warranted, but, more often, it is not.

Facts of the Case

In a recent employment discrimination case filed in federal court, the plaintiff was an African-American woman who began working for the defendant college in 2017. According to the plaintiff’s complaint, she was bullied at work and subjected to a hostile work environment. Approximately six weeks after she began her employment, the defendant terminated the plaintiff, allegedly verbally telling her that she was “just not a good fit” and then mailing her a letter stating that her discharge was due to her “failure to perform job duties as assigned.”

Thereafter, the plaintiff filed a charge with the Equal Employment Opportunity Commission, asserting claims of race discrimination, retaliation, bullying, and harassment by a co-worker. Presumably after that proceeding had been completed, the plaintiff filed suit against the defendant in federal court, asserting similar claims. The defendant filed a motion to dismiss the plaintiff’s complaint.
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Federal Court Strikes Pro Se Plaintiff’s “Reply” to Former Employer’s Answer to Employment Discrimination Claim

June 20, 2019 | Parks, Chesin & Walbert

As seasoned Atlanta employment discrimination attorneys, we struggle to understand why anyone would choose to represent himself or herself in a lawsuit against a current or former employer. Perhaps, those who make such a dangerous and dubious decision do so because they simply do not know what they do not know.

Attorneys have many years of formal education and training regarding the thousands of statutes, ordinances, regulations, and court rules that could potentially apply to a given case, and they work very hard to stay current, as these laws are constantly changing and being reinterpreted by the courts.

A person who chooses to represent his or her own interests in state or federal employment law litigation is expected to know, understand, and apply the applicable legal principles in the same manner as would an attorney with years of experience in the field. Not surprisingly, most pro se cases end up being dismissed, often on procedural grounds.

Georgia Worker’s Employment Discrimination Lawsuit Seeking Redress Under Title VII and ADEA Dismissed as Untimely

June 11, 2019 | Parks, Chesin & Walbert

When it comes to legal matters, such as an Atlanta employment discrimination lawsuit, time is of the essence. When a claim is not filed within the time allowed by law, it will, in all likelihood, be dismissed by the court.

While there are a limited number of circumstances in which an exception may be made, such cases are few and far between. If you believe that you have a possible claim of employment discrimination, it is very important that you contact an attorney who can help you with your claim so that you do not lose the right to seek legal redress from your employer (or former employer, potential employer, etc.).

Facts of the Case

In a recent case, the plaintiff was a former employee of the defendant hospital. In his employment discrimination lawsuit, the plaintiff alleged that he had been subjected to discrimination because of his race and his age. He sought legal redress under both Title VII of the Civil Rights Act of 1964, 42 U.S.C. §§ 2000e to 2000e-17 (Title VII), and the Age Discrimination in Employment Act of 1967, 29 U.S.C. §§ 621 to 634 (ADEA). The defendant filed a motion to dismiss the plaintiff’s cause of action because he had not alleged that he filed suit within 90 days after receiving his right-to-sue letter from the Equal Employment Opportunity Commission (EEOC).

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.