Legal Updates and Firm News

Preliminary Injunction Obtained by HAGRS LLP Leads to Favorable Settlement

We recently resolved a restrictive covenant dispute in favor of our client after obtaining a preliminary injunction to enforce the covenant. After an employee announced her resignation to work for a competitor, we obtained a preliminary injunction against the employee in the U.S. District Court for the Southern District of Florida, precluding her continued employment. The employee appealed to...Read More

HGRS LLP’s Client Win Upheld on Appeal

The U.S. Court of Appeals for the Eleventh Circuit recently affirmed the grant of summary judgment and dismissal of claims against our client for alleged retaliation under 42 U.S.C. § 1981. In a case filed in U.S. District Court for the Northern District of Georgia, a former employee claimed he had been terminated in retaliation for making allegations of race discrimination against the same...Read More

New Partners, New Counsel, New Name

The employment law firm of Hall, Arbery & Gilligan LLP has gained two new partners, David Allen Roberts and Rebecca Williams Shanlever, and a new counsel, Jonathan D. Letzring.  The new firm, Hall, Arbery, Gilligan, Roberts & Shanlever LLP, focuses on matters related to the workplace, including litigation and advice regarding non-compete and other employment agreements, compliance with...Read More

2013 Super Lawyers Business Edition Top Small Law Firm in Georgia

The firm is proud to be recognized in the 2013 Super Lawyers Business Edition as the “Top Small Law Firm” for Employment Law in the state of Georgia. Super Lawyers Business Edition is an annual resource that serves as the go-to-guide for general counsel and businesses when making legal hiring decisions. Super Lawyers is a research-driven, peer influenced rating service of...Read More

Spotlight on Practice Area: OFCCP/Affirmative Action Plans

Hall, Arbery & Gilligan LLP partner Wit Hall has years of experience advising clients about federal government contract requirements including the drafting of affirmative action plans (AAPs), defense of compliance reviews and glass ceiling audits, and general compliance with Office of Federal Contract Compliance Programs (OFCCP) regulations. We can help you navigate OFCCP rules,...Read More

U.S. Supreme Court Will Decide Standard of Proof in Title VII Retaliation Cases

In what is likely to be one of the more important decisions in the employment law arena this year, the U.S. Supreme Court will hear a case in which it will decide whether, in a Title VII retaliation action, a plaintiff employee must prove that the employer would not have taken an adverse employment action but for the employee’s protected activity, or instead need only prove that the protected...Read More

Training Tip: Hit All the Right Notes in Employment Decisions

Employers often ask whether an employment action would comply with employment laws.  Often, that is the wrong question.  Ultimately, whether a decision is lawful often depends on motive, which can be a matter of dispute.  Employers should ask, “In the event of a legal dispute regarding this decision, who would be believed, and why?” Even better, before taking a significant action,...Read More

Reminder From Texas That Oral Employment Agreements Can Be Enforced

A recent case from Texas serves as a good reminder that promises made in the workplace can be enforced under certain circumstances, even if they are not in writing. The Texas Court of Appeals was not persuaded by an employer’s argument that an agreement to continue providing sales commissions to its employee even after his employment ended was unenforceable simply because it was an oral...Read More

Employer Wellness Program Did Not Violate ADA

A decision by the U.S. Court of Appeals for the Eleventh Circuit may encourage employers to offset rising healthcare costs through the use of wellness programs and the implementation of fines for nonparticipation in such programs. According to the Eleventh Circuit, under certain circumstances the medical examinations and inquiries connected with wellness programs do not violate The Americans...Read More

Court of Appeals Emphasizes Duty of Employer in Harassment Case

The Seventh Circuit Court of Appeals recently affirmed a finding of liability and reinstated a punitive damages award against an automobile manufacturer based on a jury’s reasonable conclusion that the employer did not promptly or adequately respond to an employee’s complaints of harassment. Although the employee was unable to identify who had left harassing and threatening notes in his...Read More