Practice Areas

• Labor and Employment Law
• Small Business Law
• Condominium & Home Owners Association Law
• Contracts
• Education Law
  

Labor and Employment Law

Professional Employees with Contract Related Disputes

Professionals in a wide variety of industries are commonly experiencing disputes associated with proposed severance packages, covenants not to compete, non-solicitation agreements, non-disclosure and confidentiality agreements. Non-compete agreements should be carefully examined for enforceability, and any proposed severance or separation packages need to be carefully reviewed to advise employees about their rights and any potential release of claims. Employees may also want to examine their rights in cases in which they have lost their jobs due to the interference of a former employer with their business relationship. Professionals also may need assistance regarding potential breach of contract claims arising out of any employment related agreements.

Government Employees

Firefighters, policemen, and other federal, state, county or municipal workers have special issues arising out of their employment, including constitutional law concerns, such as substantive and procedural due process. Such workers may be entitled to a hearing when they are terminated, and to subsequent appeals in the event of an adverse determination, and many government entities provide certain guidelines for the grounds for discipline, suspension and termination.

Employees Entitled to Overtime Compensation

The wage and hour laws have recently changed, and many employers who thought that they were in compliance may not be. Further, employers may incorrectly characterize jobs so that employees may be denied overtime compensation. We represent employees to help them receive overtime and wages that they deserve from their employers.

Union Members, Unions and Labor Concerns

Unions or union members may encounter disputes and need legal advise with regard to seniority, compensation or benefit issues under their collective bargaining agreement, or employees may have claims associated with the union grievance process.

Sales Persons and their Wages, Bonuses and Commissions

Often salespersons who have been involuntarily terminated do not receive the full commissions that they deserve after they are separated from their employment. Georgia has specific laws that may apply to commission related disputes and protect the salespeople who earned them.

Doctors, Nurses and Health Care Professionals

We represent physicians, nurses and other health care professionals with regard to contract related issues, or with regard to compliance with hospital or health care center policies, regulations and procedures. We also represent physicians and nurses with regard to the denial of hospital privileges, and the revocation or refusal to issue medical licenses.

Teachers and Professors

Teachers have special rights and problems under Georgia law, including the issuance and removal of teaching certificates, and the specific hearings that are necessary before a teacher can be terminated. We represent teachers at all stages of this process. We also represent professors and higher education teaching professionals who encounter contract related problems, or who need representation with regard to reprimand, potential suspension or termination.

Injured Employees: Workers’ Compensation

For those employees who are unable to work due to on the job injuries, Georgia has intricate statutes related to worker’s compensation. Worker’s compensation may entitle employees to compensation for medical care and treatment, as well as for lost wages, depending upon the nature and severity of the injury.

ERISA: Employee Benefits, Including Disability Compensation

The Employee Retirement Income Security Act (ERISA) governs most employee benefit plans. Managers, executives, officers, directors, administrative personnel and other employees who are participants in these plans may utilize provisions of ERISA to become educated on the nature of their benefits, vesting schedules and eligibility. Some of the plans that may be covered by ERISA are Pension or Retirement Plans, Employee Stock Option Plans (ESOP), Profit Sharing Plans, Flex Plans, Cafeteria Plans, Major Medical and Dental Plans, Short term and Long Term Disability Plans. In some cases, employers also have separation or severance pay plans. At the end of an employment relationship, all of these plans must be carefully analyzed to determine the employee’s entitlement to various employment benefits, and the options available at the time of separation. All of these benefits are fact intensive and industry specific, and must be reviewed carefully in light of the specific circumstances of each employee.

Factory Workers

Factory workers may have legal disputes that are associated with their industry, union or type of job. Certain issues may arise regarding the union grievance process. Also, in certain cases, plant closures may generate other particular issues, such as the early pay out of retirement benefits, or whether or not there was sufficient notice under the Worker Adjustment and Retraining Notification Act (WARN).

Employees in a Protected Class Seeking Advice About Potential Discrimination

Title VII of the Civil Rights Act of 1964, as amended is intended to protect employees from discrimination in the workplace. Title VII includes several provisions generally prohibiting harassment, failure to promote, retaliation or termination based upon race, gender, religion or national origin. The Age Discrimination in Employment Act (“ADEA”) prevents discrimination on the basis of age, and the Americans with Disabilities Act (“ ADA”) provides employees with protection against discrimination on the basis of disability. All of these statutes are complex and require an in depth analysis of each case to determine if they apply and the sufficiency of evidence to support the claim.

Employees Who Take Medical Leaves of Absence for Themselves or To Care For a Family Member

Employees also have certain rights associated with their need to take medical leaves of absence pursuant to the Family Medical Leave Act (“FMLA”), which affords certain protections for medical leave to an employee or for the care of a family member of an employee.

Employees Who File For Unemployment Benefits

Georgia has an intricate and complex statutory framework that employees must comply with prior to receiving unemployment benefits. We represent employees in obtaining unemployment benefits after a separation of employment in the event that the employer contests their application for unemployment.

Employees Who Become Victims of Workplace Violence

Employees, or other third parties, who become injured as a result of the negligent retention of another employee may have a claim against the employer as well as the employee who committed the wrongful acts. Workplace violence has become a more prevalent issue, and awareness of the issues associated with this problem is important for all parties concerned.

Senior Employees

Senior employees are increasingly becoming involuntarily terminated either as a result of a lay-off, a reduction in force, or for other individual reasons. These employees may want to investigate the circumstances surrounding their termination in light of the Age Discrimination statutes, as well as other age related statutes designed to protect this class of individuals, such as the Older Workers Retirement Benefits Act.

Education Law

Higher Education: College Students

College students may face suspension or expulsion problems, or may simply have questions regarding their rights in either the public or private education setting. Public universities embrace different concerns than private. Professors and higher education teachers also need representation with regard to contract disputes, or controversies or claims brought by students, the administration or students. Title IX and Title VI (statute) also protects public university students, and some private university students, from discrimination in education and may impact the case under certain circumstances.

Elementary, Middle and High School Students and Teachers

The most common case associated with the public school system involves charges brought as grounds for suspension or expulsion of a student. Students need representation for hearings, or to understand their rights to disclosure of records, to due process, or concerning various sanctions, which may be imposed including attendance at alternative schools.

Other issues may concern the constitutional rights of public school students, including freedom of speech and association.

As described above, we also represent teachers with regard to all aspects of their employment relationship, including hearings, and appeals at all levels.

Special Education Students

Special needs students in elementary, middle school and high school settings have a variety of complex issues that arise regarding their eligibility for, and participation in special education classes. The Individuals with Disabilities Education Act (IDEA) , 20 U.S.C. § 1400 et seq . has undergone recent revisions, governs these cases, as well as the Rehabilitation Act 29 U.S.C.A. §§ 794, which applies to some students with disabilities. The No Child Left Behind Act 20 U.S.C. § 6301 et seq. also is a primary new body of law, which may impact the student with special needs.

Private School Students

Private school students may encounter concerns if they have a disability, or may have contract related issues regarding various aspects of their education experience, including disciplinary measures, curriculum or other educational benefits. Private schools also may be subject to other laws depending up their level of federal funding, such as statutes protecting students from discrimination in education.

Whistleblowers

Employees who have experienced adverse employment action as a result of reporting a violation of certain laws may have claims under any one of several federal or state statutes which protects whisteblowers, including the relatively new Sarbanes Oxley Act. Such employees should immediately seek legal advice about their situations to comply with the various statutes of limitations, and other technical requirements which apply to asserting this type of claim.

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