Georgia Injury Lawyer Blog

Williams Oinonen LLC is happy to report recent success in representing a Georgia educator with decades of experience who had her contract non-renewed with the Fulton County School District. To add insult to injury, the school district denied her employment benefits putting this divorced mother at risk of losing her home and not being able to provide for her young children right before the Christmas holiday.

Williams Oinonen LLC generally bills clients in all employment matters but in this case, we accepted this matter on a pro bono basis as this successful educator had been a loyal client of ours in the past and was in an emergency situation in need of urgent help. It was the least we could do to help a dedicated and committed educator who had served the Georgia public schools for so many years.

We are happy to say that we were able to win our client's appeal and she was awarded back pay and her unemployment benefits just in time for Christmas. We were humbled to receive from her the following email which she gave permission to share:

"Williams Oinonen LLC is a law firm whose attorneys command that justice be served. My case involved complex tactics on the defendant's part to undermine my professional integrity and years of service as an educator, including denying my rights to unemployment benefits in a tough job market.

Thank you again, Ms. Oinonen. You are a life saver! Everyone (my loved ones) is ecstatic with your work!"

Williams Oinonen LLC is committed to helping teachers, educators, parents, and students insure that their rights are protected under the law. If you are a Georgia teacher, Georgia parent, or Georgia student that is in need of legal assistance, don't wait till the situation gets worse.

Often times, we are able to do things before the injustice occurs to mitigate damages or prevent the worst from happening. If you suspect that your rights are being slowly violated, don't wait till negative action is taken such as through a non-renewal letter. Contact our office first to schedule an appointment in order to set in place the necessary protections to protect your legal interests.

Today a Barrow County judge ruled against a former teacher who alleged that she lost her job due to a posting on Facebook.

Ashley Payne resigned from her job as a teacher at Apalachee High School in the Fall of 2009 after an individual who stated they were a parent sent a complaint about postings Ms. Payne had made on Facebook showing her drinking alcohol and stating that she was headed to a game of "Crazy Bitch Bingo" at an Atlanta restaurant. Ms. Payne claims she was under pressure to resign however the school district disputes this claiming she volunteered.

Ms. Payne is now graduate student at UGA and filed suit asking the court for a determination stating she was entitled to a due process hearing. It is unfortunate that Ms. Payne did not ask for a due process hearing, speak to her union advisor, or consult an attorney prior to resigning.

Under Georgia law, it would be very difficult to show that a voluntary resignation is truly one made under duress and a violation of one's due process rights. Thus, it is very important for a teacher to seek legal advice prior to making such an important decision concerning their employment.

Here at Good Georgia Lawyer, we have represented many teachers dealing with employment issues and we have written about the rights of school teachers in Georgia previously.

In a nutshell, O.C.G.A. §§ 20-2-940, et seq., regulates the hiring and firing of teachers in Georgia. Firing or suspension can only be had based on eight grounds as listed and the district is required to hold a hearing before this happens.

Notice is required to be given to the teacher notifying them of the hearing and charges placed against them at least ten days prior. To learn more information, please read our article here which explains the process in more detail.

To understand your legal rights, we recommend you read our article here.

To schedule an appointment to meet with an attorney to discuss your personal employment situation, contact Williams Oinonen LLC at 404-654-0288.

Today, the AJC reported that a Georgia restaurant chain called "This Is It" has been ordered by the feds to provide 230 workers $104,000 in back pay and fined nearly $1,900 for letting minors work illegal hours.

The U.S. Department of Labor took legal action after investigating the restaurant and found violations of record keeping, overtime, and minimum wage laws which protect workers. Furthermore, it found the restaurant chain wrongly classified employees as "exempt" consequently failing to pay them overtime (time and a half their regular rates) for hours over forty in a work week as required by the Fair Labor Standards Act.

Moreover, the restaurant chain did not pay workers minimum wage because it illegally deducted lunch breaks and uniform expenses. Additionally, underage workers were allowed to work restricted times. Finally, the company failed to maintain correct records of hours worked and money earned by the workers.

Unfortunately, Good Georgia Lawyer has seen that many businesses, especially the restaurant industry, make the mistake of committing numerous illegal and evasive business practices. This includes paying employees "under the table" without reporting them and denying them from overtime wages. This hurts businesses by exposing them to future liability, hurts the low-income worker who is especially vulnerable to being exploited, and ultimately further hinders our economy.

The Fair Labor Standards Act is a federal law which creates minimum wage, overtime wages, record keeping requirements, and laws concerning child labor. The FLSA protects both full and part time workers who work for private employers, state, local, and federal governments.

What We Recommend For Employers: It is advisable to seek a legal consultation so a lawyer can review your business operations and make sure you are in compliance with the law in order to avoid costly litigation. Additionally, hiring a payroll firm to help correctly compute wages and overtime compensation for workers is key.

What We Recommend For Employees: If you believe you are a victim of a wage and hour violation, we encourage you to come in for a legal consultation to protect your legal rights. Please review our law firm's practice area for different types of wage and hour abuses.

For an extensive listing of all Georgia employment laws, we encourage all to view the Georgia Department of Labor's website at this specific page.

This is the second part of our article concerning the rights of Georgia public school teachers relating to termination, non-renewal of contracts, demotions, reprimands and the like.

You As A Contracted Public School Employee, Teacher Or Principal Are Entitled To Proper Service:

All notices relating to suspension from duty must be served to the employee either personally, or by statutory overnight delivery, or by certified mail. Service is considered "perfected" when it is deposited in the United States mail, sent with sufficient postage stamps, and delivered to the last known address of the employee.

You Have A Right To An Attorney Present:

Any teacher, principal, or other public school district contract employee against whom such charges are brought shall be entitled to be represented by counsel and, if upon request, can also subpoena witnesses and production of documents.

The Requirements Of The Hearing:

(1) The hearing is conducted in front of the local school board, or they can designate a tribunal made up of between three to five impartial people who have expertise in academics. This tribunal will then submit findings and recommendations to the local school board who will make the final decision.

(2) The hearing will be transcribed and the board is responsible to pay for that expense. The transcript does not need to be typed unless the decision is appealed to the State Board of Education which in that event whomever is making the appeal must pay.

(3) An oath must be taken by all witnesses during the hearing to tell the truth.

(4) All questions relating to legal matters such as admissibility of evidence is decided by the chairperson or presiding officer and can be appealed. In all hearings, the burden of proof shall be on the school system, and it shall have the right to present the opening and closing.

Decision And Appeals:

The local board must make a decision at the hearing or within five days of the hearing. If a tribunal hears the matter they must offer their recommendations within five days and then the school board has ten days to make their final decision. Appeals can be taken to the state board of education.

If you are a teacher or principal who finds yourself in this situation, don't go it alone. Remember, you are entitled to have an attorney represent you at the hearing.

Continue reading "Legal Rights For Georgia Teachers Relating To Demotion, Termination, Non-Renewal of Contract or Reprimand" »

The Official Code of Georgia §§ 20-2-940, et seq., governs the demotion,
dismissal, and suspension of professional, certificated school district employees in Georgia. This law also governs the termination and suspension of school district employees who have a contract for a definite term. The law applies equally to all employees who have contracts with the school district, but does not apply to at-will employees without contracts.

Termination or suspension can only be based only on the eight grounds listed in
O.C.G.A. § 20-2-940(a), and the school district is required to hold a hearing before this happens. (Suspension is without pay and may last up to 60 days under O.C.G.A. § 20-2-943(a)(1)(b), and the suspended employee cannot be working at this time.) These eight specific grounds for suspension or termination are as follows:

(1) Incompetency--for example, deficient record keeping or a high failure rate of students.

(2) Insubordination--for example, failure to obey instructions.

(3) Willful neglect of duties--for example, failure to complete lesson plans and grades.

(4) Immorality--for example, sexual encounters at school.

(5) Inciting, encouraging, or counseling students to violate any valid state law, municipal ordinance, or policy or rule of the local board of education--for example, encouraging students to protest a board of education policy.

(6) To reduce staff due to loss of students or cancellation of programs--for example, due to budgetary considerations.

(7) Failure to secure and maintain necessary educational training--for example, a teacher who does not possess the necessary teacher certifications and failed to obtain it during a provisional probationary period.

(8) Any other good and sufficient cause--for example, making false statements about the school administration or assaulting a student.

Notice must be given to the employee of the hearing and charges at least ten days
prior to the date of hearing on the proposed termination.
At a minimum, the notice must include:

(1) The cause or reasons for suspension, discharge or demotion in detail enough that permits the employee to refute it if it is made in error.

(2) The names of witnesses and a concise summary of evidence that will be utilized to prove the case against the employees. The names of all new witnesses must be given as soon as practical.

(3) The place and time of the hearing.

(4) That the charged employee/teacher shall be given subpoenas (if requested) requiring the production of documents or compulsory attendance of witnesses as provided by law.

The burden of proof is on the school district and the employee has the right to appeal to the State Board of Education and later to the court system if necessary. In our next article, we will discuss service, the hearing itself, and the right to bring counsel.

Most importantly, if you are a teacher or a public school employee facing such a hearing, don't go it alone. Consider contacting our law firm for more information and legal assistance to aid you through the process.

The Official Code of Georgia § 13-2-2 sets out "rules for interpretation of contracts generally." The law states that the following rules, among others, shall be used in order to arrive at the truthful interpretation of a contract. This means if you are having a business dispute with your partner, vendor, tenant, or another company and a question turns on what the contract between you two actually means or whose version (yours or theirs) interprets the contract correctly, consider the following rules:

(1) Parol evidence is inadmissible to interpret the written contract.--Parol evidence is anything that is outside of the four written corners of the piece of paper that the contract is actually written on. This could mean conversations that you had over the telephone or notes written on a dinner napkin at a restaurant you were eating at during contract negotiations. The only time this outside evidence ("parol evidence")should come in to interpret the meaning of the written contract is if it the written contract is somehow ambiguous (unclear) and it is obvious that the written contract wasn't intended to represent the entire agreement.

(2) Words generally should be interpreted by their usual and common meaning; but a technical word used in particular trades should be interpreted the way they are generally used in that line of business. The local use of a word can be brought in as evidence to determine the actual meaning intended by the parties who entered the contract. In other words, if you and I were chicken farmers and we entered into a contract where you would sell me 500 Rock Cornish broilers, if there was any dispute as to what a "broiler" was, the courts would look to the ordinary local use of how Georgia chicken farmers interpret "broilers."

So for example, the courts would not interpret "broilers" to mean a grill you'd set on the stove for broiling and assume that you and I were in the pots and pans business. Rather, they'd look at the language of the Georgia chicken farmer industry to interpret what a "Rock Cornish broiler" actually means.

(3) The custom of any trade or business is only binding only when it is such a universal practice that it justifies the interpretation of the contract. This speaks for itself. We would want to know that the custom and practice of chicken farmers in Georgia and as long as it is a "universal practice" we would be able to use it in order to interpret the contract.

(4) Additionally, when you interpret a contract you should interpret it in such a way that will uphold the entire meaning of the contract, not just a few parts here and there.

(5) If the meaning of the contract is at doubt, and you have to interpret it in such a way that favors one party over the other, you should interpret it against the party that actually drafted (wrote up) the contract. This is because you assume that the writers of the contract were at the biggest advantage and the party that did not write it is already at a disadvantage so you should interpret in their favor.

Consequently, if you are the party that is in charge of drafting the contract, you had absolutely be sure that you have good competent legal counsel drafting your legal document. If you don't and you just throw something together that you cut and pasted off the internet, you are bound to run into trouble later on. Because you were the one who actually drafted the contract, the courts may disfavor your side if having to interpret the meaning of the contract in a business dispute.

Thus, always make sure the contract is drafted in such a way that protects your legal rights. We regularly represent clients involved in litigation disputes who often wish they had hired us much earlier so they might have avoided or prevented the litigation dispute in the first place.

What The Cardinal Rule Is For Interpreting Contracts:

Finally, we need to mention what the cardinal rule is for interpreting contracts as explained in the Official Code of Georgia Annotated § 13-2-3. The cardinal rule of interpreting the contracts is to ascertain ("figure out") what was the intention of the parties entering into the contract. If that intention is clear, it doesn't contradict a rule of law, and sufficient words (enough written descriptions) show what this intention is, then the "parties intent" is what the courts will enforce irrespective of all other technical or arbitrary rules.

"How can I be sure that this non-compete contract is fair and enforceable?" is a question many clients ask us whether they be employers or employees.

For employers:

Our advice is this: Don't go it alone! Believe it or not, there are many employers who think that it is okay to just "cut and paste" whatever contract they find googled over the internet. This is the fastest way to draft a bad contract. The most important thing for any contract is enforceability. That means you know that in the event of a dispute your contract will hold up as "enforceable" in a court of law. Cutting and pasting a contract is the surest way to have your important legal agreement fail to hold up in a court of law, thus failing to protect your and your company.

The law in Georgia changes regularly and in 2010 the legislature made very important revisions to the laws on non-compete contracts. These laws were passed in November 2010 and actually went into effect in January 2011 for all new non-compete contracts. If you have a non-compete contract signed prior to November 2010, the old law will still apply.

In any event, the contracts that employers regularly find on the internet are generally out of date, and worse, often have laws applicable to another state entirely. For example, the laws in Arizona concerning non-compete may be very different then the laws in Georgia.

Unless you are applying federal law (which applies to all states, e.g. laws on employment discrimination under Title VII of 42 U.S.C. § 2000e), every state has different laws. The laws in Georgia may be very different than the law in Alabama, Tennessee, or New York. Thus, the contract you cut and pasted off the internet very possibly may be created under a different state's law and will not even be applicable to Georgia.

Consequently, it is important to obtain the assistance from an attorney who can help you successfully navigate the law and insure that you create a contract that protects your interests.

For employees:
Unfortunately, many times the non-compete clause your employer wishes you to sign may not have been properly drafted by a competent attorney. Therefore, a lot of times we have clients who present non-compete contracts that their new employer wishes them to sign which are not even in compliance with Georgia law. Before you sign a non-compete contract, make sure an attorney reviews this document in order to protect your interests. The lawyer can tell you whether the contract is in fact legal or not, whether it will likely be too restrictive for you in the future, the likelihood of its enforceability, and whether it makes sense for you to negotiate certain provisions.

Prior to the new law, Georgia did not alow "blue-penciling" which meant if a non-compete law had an illegal section, the whole non-compete contract could be deemed void and thrown out. Now, with the recent changes in Georgia, the courts will allow the invalid section to be removed or made compliant with the law, but the rest of the contract will still apply. This change protects employers, but does not protect employees.

Consequently, before you sign your name on the dotted line, make sure you know what you are signing by seeking legal counsel to protect your interests.