Atlanta Employment Attorneys Blog

Federal Court Remands Georgia Man’s Employment Law Case to State Court Due to Lack of Diversity Jurisdiction

May 8, 2021 | Parks, Chesin & Walbert

Generally speaking, the person who files an Atlanta employment law case gets choose the court (state or federal) in which the matter will ultimately be tried. However, there are some situations in which this is not so.

For instance, the employee may choose to file his or her lawsuit in state court, only to have the employer remove the case to federal court based on diversity of citizenship jurisdiction. (Sometimes, it is possible to have the federal court send the matter back to state court (although this is the exception, not the rule).)

As for the reasons for choosing state court instead of federal court (or wanting a case removed to federal court after it has been filed in state court), the reasons tend to be very specific to an individual situation. In one case, there may be a belief that one court or the other may yield a result that is more favorable, or it could be that one court has a lengthy backlog of cases such that it will take substantially longer to get to trial. Location and convenience (or the added expense of inconvenience) may also factor in.

Former Airport Employee’s Federal Retaliatory Discharge Claims Fail, but Georgia Whistleblower Claims Dismissed Without Prejudice

April 28, 2021 | Parks, Chesin & Walbert

There are laws in place to protect public employees who do the right thing and report wrongdoing in the workplace, only to find themselves reprimanded, demoted, or even terminated. While these laws will not necessarily keep retaliatory actions from happening, they do provide the basis for an Atlanta retaliatory discharge lawsuit, along with several important remedies that can be of benefit to the plaintiff.

Each case must be tried on it’s own merits, of course, but some commonly available potential outcomes include restoration of the employee’s job and/or benefits, back pay, and/or special damages. The first step in seeking justice in a retaliatory discharge case is to contact an attorney who can help you understand the laws that protect public employees and explain the steps that are necessary in order to assert one’s legal rights thereunder.

Facts of the Case

In a recent federal case, the plaintiff was former director of administration and finance and assistant executive director for the defendant airport commission. His employment began in 2008 and ended in 2017. He filed suit against the commission, its executive director (who was sued in both in individual and official capacities), and the city in which the airport was located, asserting a claim for retaliatory discharge. According to the plaintiff, he had reported several violations of law and policy by the commission. These included ongoing violations of the Disadvantaged Business Enterprise program, as well as harassment and discrimination against a fellow employee.

Georgia Woman’s Employment Discrimination Case Against State Board of Regents and Former Supervisor Dismissed as Untimely

April 23, 2021 | Parks, Chesin & Walbert

In an Atlanta employment discrimination case, there is a relatively short window for the filing of a complaint against the offending employer. If this requirement is not met, the plaintiff’s case will likely fail.

Thus, an important first step in holding an employer accountable under the law is to consult an attorney who can help you get started on your claim. An individual who is not represented by counsel is at a huge disadvantage in court, as it is almost guaranteed that the employer will be represented by legal counsel who is well-versed in the laws and procedures applicable in these types of cases.

Facts of the Case

In an employment discrimination case filed in the United States District Court for the Southern District of Georgia, Savannah Division, the plaintiff averred that she had been discriminated against by the defendants (a state board of regents and her former supervisor), on account of her gender in violation of Title VII of the Civil Rights Act of 1964. According to the plaintiff, she relocated from one campus to another but continued to experience discrimination in the terms and conditions of her employment. Consequently, the plaintiff filed a charge with the Equal Employment Opportunity Commission (EEOC). She received a right to sue notice on November 21, 2017. She then filed suit against the defendants in federal district court on February 20, 2018. Later, the parties filed a stipulation of dismissal without prejudice, ending the plaintiff’s cause of action on July 29, 2019. Notably, the plaintiff was not represented by counsel at that time.

Federal District Court Decides Whether Georgia Woman’s ADA and FMLA Claims Survive Employer’s Motion for Summary Judgment

April 15, 2021 | Parks, Chesin & Walbert

Federal laws such as the Americans with Disabilities Act (ADA), 42 U.S.C. § 12112, et seq., and the Family and Medical Leave Act (FMLA), 29 U.S.C. § 2601, et seq., provide valuable protections to workers who are disabled, become ill, or find themselves as caregiver for an ailing family member. However, there are limitations on the provisions of these laws, and not every Atlanta employment discrimination or retaliatory discharge case based on their alleged violation will be met with success.

As with other civil suits, the plaintiff has the burden of meeting certain elements of proof in order to prevail in his or her suit. Employers typically seek dismissal of the various claims filed against them if at all possible, and it is not unusual for a trial court to dismiss some (or even all) of a plaintiff’s claims prior to trial.

Facts of the Case

In a recent employment law case, the plaintiff was a woman who began working as a manager of a discount warehouse club owned by the defendant employer in March 2017. Between that time and the day that she was ultimately terminated in late 2018, several significant events occurred, including multiple “coachings” regarding the plaintiff’s performance of her job, a pregnancy, and a work-related injury. After being terminated for an alleged “inability to perform her job,” the plaintiff filed a charge of discrimination with the Equal Employment Opportunity Commission. Thereafter, in 2019, the plaintiff filed suit in federal court, asserting claims for a) retaliation, discriminatory discharge, and failure to accommodate in violation of the ADA and b) for interference with her rights under the FMLA.

Schoolteacher’s Claim Brought Pursuant to the Georgia Whistleblower Act Dismissed as Untimely

April 9, 2021 | Parks, Chesin & Walbert

When an employee, former employee, or potential employee seeks to assert an Atlanta employment law claim, he or she must do so in a timely fashion. The exact time for the filing of a claim is dependent upon both the applicable law and the factual circumstances at hand.

For instance, in a “whistleblower” suit filed under Georgia state law, a formal complaint must be filed within one year of the date that the plaintiff discovered the alleged retaliation (but no longer than three years after the retaliatory action). Other factors may come into play as well, but this one-year limitations period will control in most cases.

If the plaintiff in a potential state law whistleblower suit does not take the appropriate legal action in a timely fashion, it is likely that his or her case will be dismissed. In such a situation, he or she may have no legal remedy, despite the employer’s retaliatory conduct.

Federal Court in Georgia Dismisses Employment Discrimination Claim Filed by African American Employee of Sudanese Origin

March 28, 2021 | Parks, Chesin & Walbert

When an employee believes that he or she has been wrongfully discriminated against in the workplace, there are several steps that must be taken in order to assert an Atlanta employment discrimination claim. These cases tend to be very fact-specific, and it is important for the record to be fully and effectively developed as the case proceeds towards trial.

An experienced employment law attorney can help an employee who has been fired or passed over for a new job or a promotion as he or she seeks justice in the court system. Thus, one of the most important steps in the process of holding a discriminatory employer accountable for its wrongdoing is talking to an attorney who handles these types of cases.

After filing certain paperwork with the proper state and/or federal agencies, the employee’s next step will be to file a lawsuit, that is, a formal complaint in a court of law. In many cases, the complaint is met with great resistance, often including one or more motions to dismiss the employee’s case.

Dismissal of Georgia Woman’s Employment Discrimination and FMLA Claims Affirmed on Appeal

March 23, 2021 | Parks, Chesin & Walbert

Federal law protects employees against racial discrimination and actions taken in retaliation for an employee’s assertion of his or her rights under certain federal laws designed for the protection of workers. However, an Atlanta employment discrimination claim will not be viable in every alleged instance of discrimination or retaliation.

In order to prove his or her case, the plaintiff must have enough evidence to survive the inevitable motion to dismiss by the employer, and this is not always an easy task. Consulting an experienced employment law attorney who can help the plaintiff build his or her case is essential.

Facts of the Case

The plaintiff in a recent case was an African American woman who was hired to work as a property manager for the defendant employer in 2012. She was promoted to area manager in 2014 but demoted back to property manager in 2015. After being terminated later that year, the plaintiff filed suit in federal district court alleging that she was terminated because of her race in violation of Title VII of the Civil Rights Act, 42 U.S.C. § 2000(e) and 42 U.S.C. § 1981; that the defendant had interfered with her rights under the family Medical Leave Act (FMLA); and that the defendant had retaliated against her for asserting her rights under FMLA.

Georgia Man’s Claims for Sexual Harassment and Retaliation Survive Employer’s Motion for Summary Judgment in Federal Court

March 16, 2021 | Parks, Chesin & Walbert

In an Atlanta sexual harassment claim filed under Georgia state law or federal law, the defendant will likely seek to have the plaintiff’s case dismissed on summary judgment prior to trial. Summary judgment is only appropriate in cases in which there are no genuine issues of material fact. This is because factual issues are to be determined by the finder of fact – typically a jury, but sometimes a trial court judge – during the trial, not beforehand by a motion judge.

Not just “any” dispute of fact will prevent a decision granting summary judgment (and, most likely ending the plaintiff’s case). Rather, only disputes in which a reasonable jury could find in favor of the party opposing the motion for summary judgment are considered “genuine issues of material fact.” Even though the nonmoving party may ultimately bear the burden of proof at trial, it is the party who seeks summary judgment who has the burden of showing an absence of genuine factual issues that must be resolved at trial.

In attempting to meet this burden, the party seeking summary judgment may rely on the parties’ pleadings, any depositions that have been taken during the discovery phase of the litigation, the parties answers to interrogatories and requests for admissions, affidavits, and the like. Of course, the party opposing the motion may point to similar evidence in resisting the motion. Ultimately, it is up to the trial court judge to decide whether the matter will end with summary judgment or proceed toward trial.

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.
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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.