Legal Updates and Firm News

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

Wit Hall and Chris Arbery Named “Georgia Super Lawyers”

February 2013 – Two of the founding partners of Hall, Arbery & Gilligan LLP (Wit Hall and Chris Arbery) have been recognized as 2013 “Georgia Super Lawyers” as published by Atlanta Magazine. According to the selection committee, Super Lawyers are those who have “achieved excellence in their practice” and are selected based on peer recognition and professional achievement. Read More

HGRS Obtains Another Complete Dismissal of Claims

February 2013 – Hall, Arbery & Gilligan LLP recently obtained dismissal of all claims in an employment case against its client, a nationwide retailer, on a successful motion to dismiss.  The plaintiff, a former employee of the retailer, filed a complaint alleging various tort claims including intentional infliction of emotional distress, invasion of privacy, and tortious interference with...Read More

Hall, Arbery & Gilligan LLP Starts 2013 with a String 0f Litigation Successes

Hall, Arbery & Gilligan LLP secured successful outcomes for several clients early in 2013 in cases involving Title VII civil rights claims, business disputes over competition by departed employees, and tort claims filed against a former employer. In two cases pending in the Northern District of Georgia, we obtained complete summary judgment in a Title VII retaliation case, and a complete...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

Georgia Non-Compete Law Effective May 11, 2011

The Eleventh Circuit Court of Appeals has ruled that Georgia’s new covenant laws (O.C.G.A. § 13-8-51 et seq.) greatly enhancing the enforceability of employment-related restrictive covenants in Georgia do not apply to contracts entered into prior to May 11, 2011. While the ultimate authority on this question of Georgia law is the Supreme Court of Georgia, which has not ruled on this issue, for...Read More

EEOC Issues Guidance on Criminal Records

The Equal Employment Opportunity Commission recently issued new “Enforcement Guidance on the Consideration of Arrest and Conviction Records in Employment Decisions Under Title VII of the Civil Rights Act of 1964.” The Guidance addresses the use of criminal records by employers when making hiring or other employment decisions. As general rule, Title VII does not prohibit employers from seeking...Read More