Retaliation

What You Can Do If You’ve Lost Your Job in Georgia Because You Spoke Out Against Someone’s Else Acts of Sexual Harassment

November 30, 2021 | Parks, Chesin & Walbert

No one should, as a worker, have to choose between their job and speaking out when they see discrimination or sexual harassment in the workplace. Too many times, though, speaking out does lead to workplace punishment. When that happens to you, it is possible that your employer has engaged in illegal retaliation, so you should get in touch with a knowledgeable Atlanta employment lawyer to learn more about the legal options that may exist for you.

P.P. alleged in her Title VII case that that was exactly what happened to her. She worked as a supervisory employee for a burger restaurant in Atlanta where the owner-franchisee was the higher ranking person and the general manager was second in command.

One day in November 2018, the supervisor allegedly saw the general manager grope a male worker, but P.P. didn’t confront the manager. When the owner learned about the incident elsewhere, she began her own investigation during which she interviewed P.P. The supervisor told the owner what she saw and offered to provide a written statement.

Georgia Man’s Whistleblower Suit Asserting Unlawful Retaliation Dismissed by Federal District Court

June 5, 2021 | Parks, Chesin & Walbert

Under federal law, persons and companies who defraud the government can be held liable in a court of law for their wrongdoing. Not every false claim filed against a governmental entity will subject the filer to liability, however, as there are certain requirements that must be shown before the applicable statute will be enforced.

An important component of the federal law in question concerns the filing of a qui tam action. Under this provision, an individual, private person can file suit against an allegedly fraudulent filer on behalf of the government. If the suit is ultimately successful, it is possible that both the government and the private person may be awarded monetary compensation.

Additionally, there are provisions in place to protect a private person who files a qui tam action on the government’s behalf. Such “whistleblowers” may not be lawfully discharged on account of their actions in filing on behalf of the government to recoup monies lost due to fraudulent claims. Of course, a person with an Atlanta whistleblower protection claim may still be terminated for other, non-discriminatory reasons.

Georgians Who Seek Redress for Employment-Related Retaliation Must Show Appropriate Connections to Alleged Wrongdoing

May 21, 2021 | Parks, Chesin & Walbert

In an Atlanta employment retaliation case, the plaintiff must show a certain kind of connection to the defendant – and to the violation of the law that allegedly occurred – in order to move forward with his or her case. Sometimes, this is an easy and obvious step of the litigation process.

Other times, the battle is more difficult. Unless the plaintiff can make this necessary connection, his or her case is likely to fail.

Facts of the Case

In a recent federal case, the plaintiffs were family members of a woman who worked for the defendant bank during the year 2008. The woman was employed as a personal assistant to the bank’s president and CEO during that time. After she was fired, she filed a charge with the Equal Employment Opportunity Commission (EEOC), alleging that the president/CEO had sexually harassed her and then retaliated against her for complaining about the harassment. The gravamen of the plaintiffs’ complaint against the defendant bank was that it had taken adverse action against them in retaliation for the former employee’s protected conduct. (The plaintiffs had various business relationships with the defendant.)

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.

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.

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 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 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.

Federal Court Agrees that Litigation, Not Arbitration, is Proper Under Circumstances of Atlanta Man’s Employment Discrimination Lawsuit

January 16, 2020 | Parks, Chesin & Walbert

There has been a trend in recent years for certain defendants, including some employers accused of discrimination and retaliatory action in the workplace, to seek arbitration, rather than litigation of Atlanta employment discrimination cases. While there are some situations in which arbitration might be an acceptable alternative to litigation, most plaintiffs prefer to have their day in court. Sometimes, it is necessary to fight for this right, especially when paperwork has allegedly been signed agreeing to arbitration as a condition of employment. In disputed cases, it is up to the court to decide which remedy is appropriate.

Facts of the Case

In a recent unpublished decision from the United States Court of Appeals for the Eleventh Circuit, the plaintiff was a man who had worked two short terms as a seasonal employee of the defendant store (both terms of employment occurred during October through January, one in 2015-2016, and the other in 2016-2017). According to the plaintiff’s complaint, he sought permanent employment with the defendant, but this request was denied, as were his other attempts to become a regular, full-time employee of the defendant.

The plaintiff filed suit in the United States District Court for the Northern District of Georgia, asserting that the defendant had refused to engage him in regular employment due to his race, gender, age, and national origin, as well as in retaliation for allegations of discrimination that he made during his seasonal employment. The defendant filed a motion to compel arbitration based on arbitration clauses that the plaintiff allegedly accepted during the outset of his periods of seasonal employment. The district court granted the motion, and the plaintiff appealed.