A federal appellate court recently held that a real estate company’s decision to fire a frequently tardy executive assistant for refusing to sign a performance memorandum, amidst her bosses’ negative comments about her need for medical leave, could be evidence of retaliation. Facts From 2005 until 2013, Munoz was an executive leasing assistant for Selig Enterprises, a Georgia real estate management company. Munoz Read More

A federal appeals court recently upheld dismissal of an employee’s claim that his employer interfered with his right to take FMLA leave, holding that the worker was not entitled to an indefinite, medically-unsupported leave of absence. Facts Ryan Walker commenced working for UPS in 1996. In late 2016, UPS demoted Ryan from his business manager role and transferred him to another nearby facility. Afterward, Walker Read More

Two weeks ago, in a controversial, bitterly divided decision, a federal appellate court held that a Georgia automaker’s decision to fire an HR representative, after it had suspected her of recruiting another employee to sue the Company, was lawful and nonretaliatory. Facts In 2010, Kia Motors Manufacturing Georgia (“Kia”), a Korean automobile manufacturer, employed Andrea Gogel as Team Relations Department Manager at Read More

The Georgia Court of Appeals recently upheld a trial court’s dismissal of an employee’s claim that his employer failed to accommodate his disability, holding that Georgia state law provided him no legal remedy. Facts In 2016, Lindsay Pope Brayfield & Associates, Inc., a Lawrenceville, Georgia architectural firm (“LPB”), hired Gary Johnson, a licensed architect. At the time of hire, Johnson made LPB aware that he Read More

Is an employer liable when its employee causes a motor vehicle accident? What if the employee caused the death of another motorist; two motorists? What if the employee was intoxicated at the time of the accident? What if the employer knew in advance the employee’s history of alcohol-related traffic infractions? The answer to each question is: it depends. And, that is the precise dilemma that the Georgia Court of Read More

- Christopher Butler, Esq. In recent times, we’ve come to appreciate that incorporating a remote working environment can yield many benefits, including a generally happier workforce and the opportunity to hire from a larger pool of talented candidates. Remote work often proves conducive to an enhanced work-life balance. In fact, many employees find that working remotely (whether from home or just across state Read More

- Christopher Butler, Esq. In some circumstances, employees may be entitled to a leave of absence to help balance their serious health needs against their work obligations. In particular, astute employers should be aware that the Family and Medical Leave Act (FMLA) may obligate them to provide certain employees with extended, unpaid leaves of absences in certain qualifying circumstances. The FMLA can be tricky, Read More

  - Christopher Butler, Esq.   Passive surveillance isn’t just for doorbells and nanny cams. Businesses and individuals all over the world use a variety of surveillance equipment to monitor activity on their property, for loss prevention, or even to determine liability in an accident. In many ways, most of us are either blind toward or simply apathetic about surveillance, but there are a myriad of legal implications Read More

Pe - Christopher Butler, Esq. Last summer, CNBC published a story confirming what, either through observation or personal experience, we already knew – a tremendous number of employees are changing (and outright abandoning) their jobs at a breakneck pace. This trend has justifiably unnerved employers, and particularly those that operate in an industry where confidentiality is essential. Let’s discuss for a Read More

- Christopher Butler, Esq.   It’s no secret that workplaces across the country are experiencing significant employee turnover. Many employees are leaving their jobs to take advantage of a favorable labor market, to pursue pay increases, or simply to join companies with more generous work-from-home policies. Understandably, employers are concerned and frustrated, and for good reason, particularly when their workers Read More