With most employees in Georgia considered “at will,” their employment may be terminated for any reason – good or bad, true or false. The only general exception to this rule is that an employer may not violate existing federal employment laws which protect individuals from discrimination  based on a  specific protected category such as race, national origin, religion, gender/sex, pregnancy, disability, sexual orientation and gender identity, age (over 40), or genetic information. These protections cover the terms and conditions of employment, from hiring to termination. Some of the federal laws providing employees this protection include:

• Title VII of the Civil Rights Act of 1964
• The Age Discrimination in Employment Act
• The Americans with Disabilities Act
• The Pregnancy Discrimination Act
• The Pregnant Workers’ Fairness Act
• The Family and Medical Leave Act
• The Older Workers Benefit Protection Act of 1990
• The Employee Retirement Income Security Act
• The Older Workers Benefit Protection Act of 1990
• The Rehabilitation Act of 1973
• The Genetic Information Non-Discrimination Act

Several of these laws require you to first file a charge of discrimination with the Equal Employment Opportunity Commission (EEOC). The attorneys at SCHWARTZ ROLLINS have established solid working relationships with EEOC investigators, mediators and lawyers, many of the area’s employment defense attorneys and a number of the federal court judges – making us at home when practicing before the EEOC or litigating in federal court.

Proving discrimination in the workplace is never easy. Managers and supervisors are not likely to acknowledge that they are treating you differently due to pregnancy, age, religious sex or other protected category. Instead, acts of discrimination are more subtle. Often, you need experienced counsel.

Helping employees navigate discriminatory employment practices also requires legal counsel that understands the devastating emotional and financial toll faced by effected individuals, many of whom feel powerless. Recognizing the high stakes of employment disputes, our attorneys are passionate and relentless about protecting the rights of employees, taking action against employers and ensuring justice in the workplace.

SCHWARTZ ROLLINS assists employees facing discrimination, including developing a plan of action, negotiating severance packages, filing a charge of discrimination with the EEOC, filing suit,  or mediating a case to reach a settlement. We have a track record of success.

At SCHWARTZ ROLLINS, we help employees at all levels draft and negotiate employment contracts, executive compensation agreements, as well as non-compete agreements, non-solicitation and non-disclosure clauses,  and of course, severance packages.

Non-compete, non-solicitation and non-disclosure  agreements at the outset of employment are becoming the norm in today’s marketplace and are often a condition of a job offer. Many businesses require employees to sign these agreements, which typically favor the company. In addition, employees are sometimes asked to sign a non-compete during the course of their employment for a variety of reasons, such as a condition of receiving stock grants, stock options or other forms of incentive compensation. Finally, employees who are leaving a job might be asked to sign a non-compete in exchange for receiving severance benefits to which they would not otherwise be entitled.  Too many employees simply sign the agreements put in front of them without having them reviewed by an attorney.  

The law requires that a non‑compete be narrowly tailored to serve the legitimate interest of an employer, typically to prevent a former employee from using the company=s confidential information acquired during the course of his or her employment. Furthermore, to be enforceable, the restriction must be reasonable in length of time, scope of restricted activity and geographical limitations.  SCHWARTZ ROLLINS has the Experience and Expertise to advise any employee asked to sign such an agreement on the enforceability of a non‑compete and/or to defend a departed employee who is the target of an action to enforce an overly restrictive non‑compete. Likewise, we can help you understand non-solicitation and non-disclosure provisions.

When employment concludes due to termination, layoff or forced resignation, a worker may be offered a separation package, which includes the employer’s promise to pay the employee some amount of money in exchange for signing away rights against the business, including the right to sue the company for discrimination or any other violation of employment laws. We frequently advise and represent employees who have been offered severance packages. The SCHWARTZ ROLLINS team is here to assist you in determining whether the company’s offer is worth releasing your rights. We review the proposed severance agreement, provide our feedback on the fairness and reasonableness of its terms, and handle negotiations with the employer when appropriate. With extensive Experience addressing the severance offerings of many of the largest companies in Georgia and around the country, our attorneys understand the impact these agreements have on your ability to work in a chosen field today and in the future.

Setting minimum wage and overtime standards that are applicable to virtually all U.S. employers, the federal Fair Labor Standards Act (FLSA) requires businesses to pay many employees time and a half for all hours exceeding 40 in a workweek. While this seems straightforward in theory, the wage and hour laws and regulations are complicated and even more complex to apply in practice. Given these dynamics, employees should stay informed of whether they are being properly paid for all hours worked. It’s important to keep in mind that being paid a salary rather than hourly wages does not necessarily exempt an employer from paying overtime.

In the last decade, overtime cases have exploded across the country due to the burden on employers to prove proper classification and pay, and maintain proper time and pay records. Working on behalf of employees, SCHWARTZ ROLLINS has successfully litigated many individual and class/collective actions across a wide range of industries.