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Employment and Labor Law
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How Can an At-Will Employee Prove Wrongful Termination?

In Georgia, as in many states, most workers are “at will” employees, which means they generally can be terminated without cause. However, terminations cannot be in violation of federal laws against workplace discrimination or of laws that protect employees from retaliation for asserting their rights. If you have been fired for reasons you believe are Read More

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Georgia Appeals Court Ruling Clarifies Limits on Non-solicitation Covenants

A non-solicitation agreement prohibits former employees of a company from seeking to lure away the company’s existing clients and from hiring or recruiting the company’s other employees. Georgia’s Restrictive Covenants Act requires that non-solicitation agreements contain reasonable restrictions on the geographic area covered, but there has been some uncertainty about statutory exceptions to the restriction. Read More

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Common Disputes Among Business Owners in Georgia

Business owners can come face to face with a wide range of external threats that can harm their companies, such as economic conditions, natural disasters and even government regulations. But problems don’t always come from the outside. Internal disputes among co-owners and/or executives and managers can cripple a business. It’s important for business partners to Read More

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Mistakes in Drafting that Can Make an Employment Contract Void

Georgia is known as an at-will employment state, which means most workers serve at the pleasure of their employers. Certain employees have contracts that guarantee compensation levels and other terms consistent with set performance expectations. While contracts can effectively spell out the rights and obligations that employees and employers have towards each other, mistakes in Read More

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The Test for Constructive Discharge: When Is a Workplace So Unbearable That You Have to Quit?

Job dissatisfaction can arise for many reasons, some personal and some driven by employer conduct. If you believe you are being mistreated at work to the point where you feel you have no choice but to quit, you may be able to claim a constructive discharge. That means you may be eligible to recover money Read More

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What is Wage Theft and What Can You Do About It?

The Fair Labor Standards Act and other laws require employers to pay at least the minimum wage for every hour worked. But sometimes employers try to skirt the law and pay workers less than they are owed. This is known as wage theft and it is estimated to cost workers as much as $50 billion Read More

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Understanding Georgia’s Test for Who Is an Independent Contractor

The question of whether a worker should be classified as an employee or an independent contractor often arises in employment law disputes. The answer matters because independent contractors get treated different from full-time employees under wage and hour, tax and unemployment laws. Last year, Georgia enacted a law adopting a multi-factor test for determining whether Read More

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When Can You Sue Your Employer for Wrongful Termination?

Georgia is a right-to-work state, which gives employers broad authority over their workforces. Most workers are employed at will, which means employers may terminate them for almost any reason — or for no reason at all. However, an employer may not terminate an at-will employee for an illegal reason. Employees have the right to sue Read More

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How to Know if Your Employer is Violating Overtime Payment Laws

Wage and hour laws are in place to ensure that workers are paid fairly for the standard work they do, as well as for any required overtime. However, some employers either ignore these laws or try to skirt around regular and overtime rules. If your employer is not in compliance with these laws, you have Read More

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When Is a Non-Compete or Non-Solicitation Agreement Unenforceable?

When you take a new job or are promoted to a higher position, you may be asked to sign an agreement promising not to compete with your new employer or solicit its customers once your employment ends. The restrictions in these agreements are open to interpretation by employees, employers and courts. Because of this, there Read More

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