Articles Posted in Employment Law

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workers.JPGOne of the main reasons many of our new clients contact our law firm is because they have heard how we were able to help save a friend or family member’s job and they need the same type of help. Oftentimes, they believe their boss is about to fire them because they see the writing on the wall, for example, they have just been placed on a professional improvement plan or professional development plan and they know their boss is building a paper trail against them to set them up for termination.

If that describes your situation, one of the most important thing you can do is to retain legal counsel immediately. As we tell clients, it is often quite difficult to “unring the bell” once the bell has been rung, i.e. an employee has been terminated from their job. However, before this happens, there is often time enough for legal intervention.

As many of you know, Georgia is an “at-will” employment state also known as a “right to work state.” This is really a misnomer as it should be called a “right to fire at will state.” This means, barring a legal exception, your boss can fire you simply because he or she doesn’t like you. That is reason enough as long as they not liking you doesn’t have to do with them not liking a protected status, for example, your skin color or the fact you are pregnant. There are several federal civil rights laws that protect employees from such type of discrimination, the most well-known of course being Title VII of the Civil Rights Act of 1964 which makes it an unlawful employment practice for an employer to discriminate against an individual regarding his employment because of an individual’s race, color, religion, or national origin. 42 U.S.C. § 2000 e-2(a)(1).

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justice-scales-gavel-fb.jpegChoosing a good lawyer to help you with a case, such as wrongful death, contract dispute, employment termination; asset forfeiture, and excessive force, can be very difficult.

Many blog posts advise you to make sure that (1) you feel comfortable with the lawyer you choose and that (2) the lawyer you choose has sound experience and understanding in the area you need representation in. While all that is true, there is one area that also demonstrates the quality of representation you will be obtaining to handle your case: your lawyer’s willingness and ability to handle an appeal of your case in front of a higher court.

Foremost, you may not read a lot of blog posts that talk about handling an appeal of your case in front of higher courts, because that means something may have went wrong with your case in the lower court. But here’s the reality: when you are going up against cities, school districts; law enforcement officials; public officials; big corporations; and hospitals–whether you win or lose at the lower court (trial court), one party is going to appeal, or threaten to appeal the loss, to the higher court (Appeals Court).

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Gilda.jpgGeorgia Education Lawyer was proud to represent our courageous educator, Ms. Gilda Day. Ms. Day won her appeal before the State Board of Education reversing the Floyd County Local Board of Education’s decision to non-renew her. This case has regularly drawn the attention of the front page of the Rome Tribune and can be reviewed here.

Ms. Day’s appeal was drafted by Ms. Julie Oinonen and her partner Mr. Mario Williams of Williams Oinonen LLC. “Providing teachers with procedural due process is a constitutional right and essential to maintain quality teachers in an increasingly difficult and underpaid profession” said Oinonen. “Under the Constitution, the government cannot take away life, liberty or a property interest without due process—it is a constitutional right that not even charter systems are permitted to waive. What due process does is provide teachers with a fair hearing: the right to notice and opportunity to be heard so that a superintendent or administrator cannot unfairly or indiscriminately fire a teacher without just cause, for discriminatory purposes, or simply a personal vendetta. Gilda Day’s courage and bravery has resulted in a victory for teachers throughout our state and a win for Georgia public education that is increasingly under attack by big money, outside interests who seek corporate takeover of our Georgia public schools.”

“Today’s State Board decision stating that charter schools and systems cannot waive the Fair Dismissal Act is a huge win for all teachers,” stated Mike McGonigle, general counsel for the Georgia Association of Educators (GAE). McGonigle was referring to the reversal of the Floyd County Board of Education’s decision that fair dismissal due process rights could be waived by charter schools.

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Courageous educator Gilda Day files her appeal to the State Board of Education as reported in the Rome News Tribune:

Brief of Appellant Gilda Day v Floyd County Board of Education Final (1)

https://www.scribd.com/doc/155610333/Brief-of-Appellant-Gilda-Day-v-Floyd-County-Board-of-Education-Final-1

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A Fulton County school district former employee resolved their dispute today with the school district. Williams Oinonen LLC was gratified to be able to represent our client and obtain a successful outcome. Said our client:

“Julie Oinonen became a driving force that fought for my rights and maximum protection under the fullest extent of the law. She was a glimmer of hope in a time of desperation, and a voice of relief in a complicated predicament. She worked with me to provide services that fit my budget, and kept me informed every step of the way. I am truly grateful for all that she has done to protect my career and to preserve my future. Thank you, Julie!!!”

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Today’s front page headline in the Rome Tribune:
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Gilda Day Petition by julie9094

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Gilda Day v Floyd County School District by julie9094

The Rome Tribune featured in the news today that Williams Oinonen LLC filed suit yesterday on behalf of one of the many Floyd County school educator clients, issuing the following statement:

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Most recent photo of Gov. Deal.jpgGovernor Nathan Deal announced today that he was suspending six of DeKalb County school board members. Deal stated that he has appointed a panel to nominate replacements and selected Brad Bryant, a former school board member of DeKalb, to be the liaison.

This decision was based on the recommendation of the State Board of Education. SACS accreditation agency had put the District on probation in December due to a host of governance problems.

For more information, you can read Governor Nathan Deal’s official statement here.

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Williams Oinonen LLC filed suit today on behalf of our client Ms. Denise Davis, a courageous whistleblower and former DeKalb County School District Human Resources Administrator who contends that the DeKalb County Schools unlawfully RIF’d DeKalb County educators throughout the District by failing to comply with the Georgia Reduction in Force statute O.C.G.A. § 20-2-948 and their own District policy.

Specifically, she alleges in her complaint that they circumvented the RIF requirement to consider job performance as the primary factor by eliminating entire positions, then creating new titles that were in effect the same jobs that had been eliminated but were now simply under a different name upon which they selected new hires based on favoritism, friendship, or familial status.

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