Georgia Injury Lawyer Blog

Good Georgia Education Lawyer Discusses Recent Non-Renewal Contract Letters Sent To Teachers

Mon, 14 May 2012 09:00:48 -0500

It is that time of year again: a time that can be very difficult for teachers in Georgia who have recently received a letter notifying them that their contract has been non-renewed. As many teachers already know, the law in Georgia protects teachers who are in their fourth year within the same local school district. The law states that once a teacher accepts a school year contract for the fourth consecutive school year from the same local school district, that teacher may not be demoted or non-renewed unless for a set of specific reasons. And if demotion or non-renewal occurs, those teachers are entitled to procedural due process which includes a non-renewal hearing. Good Georgia Lawyer has written extensively about teacher rights so to learn more about your rights to a non-renewal hearing, we recommend you read our article here. Also you can read here. And here as well.

The grounds for suspension or termination are listed in O.C.G.A. § 20-2-940 and include such reasons as: incompetency, insubordination, immorality, willful neglect of duties, inciting students to violate laws, failure to maintain educational training, reduction of staff due to loss of students or cancellation of programs, or any other good and sufficient cause.

Regarding the "reduction of staff" grounds for non-renewal, one small improvement to the law happened during this year's legislative session 2012. As a result of so many teachers facing layoffs due to our difficult economy, legislators added language which states that if non-renewal occurs due to reduction in staff (often known as "Reduction In Force" (RIF) ) due to no fault or performance issue, the local administration must specify in writing "that the termination or suspension is due to no fault or performance issues" of the employee. See: 2012 Georgia Laws Act 707 (S.B. 153).

Regardless of the reason, receiving a non-renewal letter can be a very painful and stressful experience. The important issue is deciding whether or not to choose to exercise your rights to a non-renewal hearing or not. If you are a certified teacher who is in their fourth consecutive year at a local school district, one of your decisions is whether to elect your right to the non-renewal hearing. Before you make your decision as to whether you wish to exercise your rights to such a process, it is important to seek counsel to be certain you are aware of all potential legal options.

Oftentimes, we have clients who have come to us with a certain set of facts and may not be aware that they may have various legal claims in addition to their right to a non-renewal hearing. Before you make such an important decision regarding your professional future, give us a call to obtain the legal advice you deserve.

Good Georgia Lawyer Discusses How To Get Attorney Fees

Sun, 22 Apr 2012 17:08:09 -0500

"How can I get attorney fees in a lawsuit?" This is a question we often hear from clients. Different Georgia laws govern the recovery of attorney fees in a lawsuit. If the actions of the defendant prior to the litigation were done in bad faith and would be considered "stubbornly litigious," then fees may be assessed pursuant to OCGA 13-6-11.

If during the course of the litigation, the attorneys expanded the litigation beyond reasonable or pursued claims or defenses that had no justiciable issues of law or fact, then a party may recover fees associated with that conduct under OCGA 9-15-14.
And, if a party incurs damages as a result of a lawsuit that are beyond attorney fees, they may have an entirely different and separate cause of action pursuant to OCGA 51-7-80.

Finally, after the trial, sanctions can be awarded for frivolous appeals. As with any of these statutes, the party must prove the attorney fees that were actually incurred, the actions the opposing party did to incur such fees, and whether the fees were reasonable and necessary.

Merely prevailing at summary judgment does not automatically merit an award of attorney's fees. Chong v Reebaa Construction, Inc. 284 Ga. App. 830 (2007). Likewise prevailing in an entire case also does not garner an automatic award of attorney fees either. Glynn Brunsick Mem'l Hosp. Autho. V. Gibbons, 243 Ga. App. 341 (2000). If there is at least an arguable support for the position taken, then an award of fees should not be justified. So long as there is some evidence from which a jury could find for the plaintiff a defense verdict does not warrant imposition of fees. Rental Equip Group LLC v. MACI LLC 263 Ga. App. 155 (2003). An award of attorneys fees is not justified where there is arguable legal support for the position taken.

Nevertheless, under OCGA 9-15-14(a), attorney fees are mandatory where a party has asserted a position where there is a complete absence of any justiciable issue of law or fact that it could not have been reasonably believed that a court would have accepted the position. Cavin v. Brown 246 Ga. App. 40 (2000).

Additionally, under 9-15-14(b), a permissive award of attorney fees and litigation expenses is available if: i. the action brought lacked substantial justification (is substantially frivolous, groundless or vexatious), ii. the action was brought for delay or harassment, or iii. the party or attorney unnecessarily expanded the proceedings by discovery abuse or otherwise.

In order to prevent the chilling of actions that prevent stagnation of law, section c provides that no attorney or party shall be assessed attorney fees in a "good faith attempt to establish a new theory of law in Georgia if such new theory of law is based on some recognized precedential or persuasive authority" which might include dissents, federal cases, cases from other states, and positions taken in law reviews or other legal writings.

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Good Georgia Lawyer Discusses New Open Records And Meetings Act Revisions Signed Into Law Yesterday By Governor

Wed, 18 Apr 2012 22:08:38 -0500

Yesterday, Sam Olens drafted a memo to all departments, agencies, commission, authorities, councils and boards of the state of Georgia. It was drafted in anticipation of Governor Deal signing HB 397 which substantially revises Georgia's Open Records and Open Meetings Acts. HB 397 became effective immediately upon signature of the Governor yesterday.

Mr. Olens stated in his memo to the state agencies that: "Our goal in preparing and championing this legislation was not to substantially revise Georgia's open government law, but, first and foremost, to put it in terms that laymen and public officials alike can more readily understand. Nonetheless, the Act does make several significant changes to prior law, and I write today to highlight several key changes for your reference."

Those changes were mentioned by Mr. Olens as follows:

THE OPEN MEETINGS ACT

1. The Act simplifies the definition of "meeting" to mean any gathering of a quorum
of an agency's governing body at which "any official business, policy, or public
matter of the agency is formulated, presented, discussed, or voted upon."

2. The Act makes clear that all votes must be taken in public. O,C.G.A.
50-14-l(b). Exceptions exist only for votes to authorize settlement of matters in
litigation and for preliminary votes on real estate transactions. See O.C.G.A.
50-14-3(bXl).

3. The minutes requirements for meetings are clarified to include identifying those
who second motions and to identify those voting for or against proposals and
motions except when the vote is unanimous.

4. Minutes must also be kept of executive sessions, though these are not public.
Their purpose is to resolve disputes should a matter go to court regarding an
executive session.

5. In situations involving emergency conditions or health concerns involving a
member, meetings of agencies without state-wide jurisdiction may take place in
whole or part (depending on the circumstances) by teleconference.

6. Meetings of prosecutorial agencies in the state are now not covered by the Open
Meetings Act. O.C.G.A. 50-14-3(aX3).

7. Email communications between members of an agency's governing board are
now not considered a "meeting" although they remain open records.

8. The real estate exception to the Open Meetings Act has been expanded to cover
the sale, lease, and appraisal of real property,
.
9. The personnel exception to the Open Meetings Act has been expanded to allow
closed session interviews for the heads of agencies. The exception, however, now
clearly does not allow closed discussions regarding an agency's employment or
hiring practices.

10. The Act allows discussion in executive session of portions of records not subject
to public review under the Open Records Act when there do not exist other
reasonable means to protect the privacy of the information involved,

11. The Act provides a clearer rule for handling closed meetings when discussions
veer into an area that should be open.

12. The Act increases the penalty to $ 1,000 for first open meetings violations and to
$2,500 for subsequent violations within a 12 month period. It also allows
imposition of penalties in civil actions for negligent violation of the law.

THE OPEN RECORDS ACT

1. The Act now includes "dala" and"data fields" within the definition of "public
record," and it clarifies the electronic records and data that are subject to the Open
Records Act and the obligations of the agency to provide such material.

2. As in current law, agencies must produce the documents they can within a
reasonable period not to exceed three business days, and when they cannot
produce all of the requested documents in this period they must notify the
requester within this period when the documents will be produced.

3, While the Act still permits both oral and written requests, it allows agencies to
designate an open records officer on whom written requests must be made, and it
gives requesters the option of making requests to the head of the agency or the
senior official at a satellite office of the agency, to a clerk so designated as the
agency record custodian or to an angency designated open records officer.
The Act has provisions for providing adequate notice to the public when it
designates an open records officer.

4. Before seeking to enforce the Act in court a requester is required to make a
written request to the agency.

5. The Act clarifies the fees agencies may impose, The cost per page is now capped
at ten cents for letter sized pages.

6. Agencies now do not have to notify requesters of charges less than $25. In
situations where the estimated costs are between $25 to $500 an agency must
estimate the costs for the requester, but may not insist on prepayment before
allowing a requester to review records. If estimated costs exceed $500 an agency
may insist on prepayment before beginning search and production, If a requester
has not paid the charges for a prior request, an agency may insist on prepayment
for future requests until the payment is macle or the issue resolved.

7. Requests for records by civil litigants for use in ongoing litigation must be copied
to opposing counsel and copies of the records produced likewise must be
produced to the counsel ofrecord for the agency unless said counsel elects not to
receive them.

8. The Act clarifies the information a requester should provide when seeking email.

9. Provisions are made for production of records through websites, and the Act
clarifies how this relates to the production of electronic data.

10. As with the Open Meetings Act, the Act increases the penalty to $ 1,000 for first
open records violations, and to $2,500 for subsequent violations within a 12
month period. It also allows imposition of penalties in civil actions for negligent
non-compliance with the law.

Mr. Olens concluded his memo stating that he intends this only to highlight significant changes in the Open Records and Open Meetings Acts. It is not meant to be exhaustive.

If you believe a public agency is violating your rights under the Georgia Open Records Act, contact Williams Oinonen LLC for more information at 404-654-0288.

Good Georgia Business Lawyer Discusses Consumer Protection Under The Georgia Fair Business Practices Act

Tue, 17 Apr 2012 21:56:51 -0500

Purpose:

The Georgia Fair Business Practices Act is the primary law that protects consumers in our state from unfair business practices. The actual purpose of the law as cited in O.C.G.A. § 10-1-399(a) is: "to protect consumers and legitimate business enterprises from unfair or deceptive practices in the conduct of any trade or commerce...." This law forbids any "[u]nfair or deceptive acts or practices in the conduct of consumer transactions and consumer acts or practices in trade or commerce...."

Notice Requirement and Statute of Limitations:

Any person injured as a result of acts or practices in violation of the Act may bring a private lawsuit for damages (money) upon giving 30 days' written notice. A claim pursuant to the FBPA must be brought within two years after the plaintiff knew or should have known of the alleged violation.

Who The Law Protects:

The FBPA is Georgia's primary law for consumer protection and since its enactment has been increasingly used as a tool to protect injured consumers. It does not apply to deceptive unfair practices occurring in private, it must be applied solely to consumers in order to protect the public from acts that have the potential to harm all Georgia consumers.

Damages Awarded:

Under the Georgia Fair Business Practices Act, O.C.G.A. § 10-1-399(a), any person who suffers injury or damages as a result of consumer acts or practices may bring a lawsuit and recover both general and punitive damages. Punitive damages are awarded in cases of intentional acts.

Additionally under the Georgia Fair Business Practices Act ("the FBPA") treble or "triple" damages are authorized for intentional violations of the law as well as attorney's fees and the cost of litigation. Civil penalties may also be imposed.

Recently, Williams Oinonen LLC sued a Fortune 500 company for violating the Georgia Fair Business Practices Act against a military veteran. The FBPA was the most powerful tool in obtaining justice for our client in that case. Fortunately, because of the FBPA there is more incentive to keep Georgia consumers safe and accountability when unfair business practices occur. To speak to an attorney about a potential Fair Business Practices Act violation or other business dispute, contact Williams Oinonen LLC at 404-654-0288.

Williams Oinonen LLC Hosts Covenant College Pre-Law Students For Day Long Legal Field Trip & Tour Of Emory Law School

Mon, 16 Apr 2012 23:27:03 -0500

This past Friday Williams Oinonen LLC hosted a group of pre-law students from Covenant College for an all day excursion. Students left at 6 a.m. from Lookout Mountain, Georgia to arrive at the downtown law office in Atlanta that morning to meet Ms. Oinonen, an attorney at Williams Oinonen LLC who led the day trip.

The day started out with a visit to Emory University School of Law. The group arrived at Emory University around 9:15 a.m. to do a brief walking tour of the larger university campus as a whole and ended up at the law school building. They started the visit by attending an admissions presentation in the Emory Law School Courtroom and then participated in a student led tour of the law school itself. Afterwards, they attended a property class taught by Professor Frank Alexander which according to students was the best part of their visit at Emory. His lecture focused on the constitutional issues surrounding eminent domain. Prior to saying goodbye, they were introduced to the Dean of Admissions, Ethan Rosenzweig 02L

After the Emory Law School tour, the group travelled to the Commerce Club, of which Ms. Oinonen is a member to attend a special private luncheon. During this time, she listened to all of the students share stories of their time at Covenant College and answered questions about law school and the legal profession.

After the luncheon, the group took a tour of Fulton County Courthouse. After the tour, they were able to observe a felony child molestation trial and got to watch the criminal defense attorney give closing argument before the jury in the courtroom of Judge Kimberly Esmond Adams of the Fulton Superior Court.

An alumna of both Covenant College and Emory University School of Law, Ms. Oinonen is currently a Fellow at Emory University School of Law's Center for Advocacy and Dispute Resolution, adjunct faculty member at the Trial Techniques Program and an alumni advisor at the Tort and Insurance Society Practice Group for Emory Law students. Her practice primarily focuses on helping plaintiffs injured or harmed due to a wrong or injustice specifically in employment matters, education, and personal injury cases. She recently stated: "Some of the best part of my law practice is when I have the chance to work with young people at Covenant College and Emory University School of Law. There is no better way to give back then helping others and the students at Covenant and Emory are a joy and pleasure to work with."

Good Georgia Lawyer Wishes You Chag Sameach This Passover and a Good Friday, Happy Easter

Fri, 06 Apr 2012 12:46:21 -0500

Good Georgia Lawyer wishes Chag Sameach to all our Jewish friends this Passover.

We also wish a Good Friday and Happy Easter to all who celebrate the resurrection of our Lord and Savior Jesus Christ this Sunday.

For all people, it is a good time to reflect on the newness and re-birth of the season this spring.

The lawyers at Williams Oinonen LLC are privileged to represent Georgians of all religious and non-religious persuasions. We are committed to helping people from a diverse range of various cultural backgrounds obtain the justice they deserve by exercising their Constitutional rights to the civil justice system as preserved in our Seventh Amendment.

Good Georgia Education & Employment Lawyer Needed During Non-Renewal of Teacher Contracts, PDP's, and Terminations:

Thu, 05 Apr 2012 22:35:05 -0500

It's that time of year again, when sadly, many good teachers start to worry whether their principal or school administrator will issue them a non-renewal letter regarding their teaching contract. This can often happen if the teacher has been previously placed on a Professional Development Plan, or "PDP."

One of the biggest way principals or school districts lay the groundwork in order to try and fire a tenured teacher is by putting them on a PDP early on in the school year. Laying the "paper trail" even when the accusations against the teachers are not legitimate, is the most effective legal strategy that school districts use to try and ensure that future adverse employment action against the teacher is deemed legal and fair.

One administrator estimates that 50% of the teachers placed on a Professional Development Plan ("PDP") are successful in completing it. School administrators know this 'game' when they place the teacher on a PDP. Oftentimes the end purpose is not to improve the teacher's performance, but rather simply to have legal justification for firing the tenured teacher down the road. To do this successfully, some teachers end up being set up for failure by being placed in a no-win situation.

If you are a tenured teacher who has been placed on a PDP, it is vital that you immediately seek competent, legal counsel in order to begin to fight the one-sided paper trail that will be used to justify non-renewal of your teaching contract from day one.

It is also important to educate yourself on your legal rights as a Georgia teacher. For example, if a school board terminates, suspends, or demotes a teacher in the middle of a contract year, the teacher has a right to be represented by counsel during a hearing - even if the teacher is not tenured (O.C.G.A. 20-2-940). If a school board attempts to non-renew a tenured teacher's contract, the teacher again has a right to a non-renewal hearing. (O.C.G.A. 20-2-942).

Good Georgia Lawyer has written about the rights of teachers relating to employment termination and contract non renewal which we recommend you read here and here.

The important thing is to act sooner rather than later if you are a teacher facing a potential adverse employment action. All too often, human beings procrastinate rather than dealing with the scary things in life that we don't want to have to face such as the loss of a job in this difficult economy. As a result, clients are oftentimes calling us after the fact rather then early on when it is much easier to help them.

Don't end up in a case of too little, too late. The sooner an attorney is on your side, the better the chance your employment as a teacher in a challenging work environment will have a successful outcome.

When Do You Need A Lawyer For Bedbugs? Understanding Bedbug Lawsuits In Georgia

Sun, 25 Mar 2012 21:28:55 -0500

How do you know if you have valid legal claim for bed bug injuries in Georgia?:

In Georgia, it is important to show that the property owner was negligent. One example to show negligence would be if a hotel owner, when being put on notice of a dangerous condition (a bed bug infestation), failed to respond properly, thus subjecting tenants or hotel guests to the danger which caused their damages, i.e. injuries, property loss, medical bills.

What does the law say about bed bugs in Georgia hotels? The "duty of an innkeeper is well settled in Georgia as the duty to exercise ordinary care to afford guests premises that are reasonably safe for use and occupancy." Hotel Richmond, Inc. v. Wilkinson, 73 Ga. App. 36, 41 (35 SE2d 536). Furthermore, the innkeeper has a duty to inspect and is liable for such injuries caused by defects as would be disclosed by a reasonable inspection. Hillinghorst v. Heart of Atlanta Motel, 104 Ga. App. 731.

The following are some of the various legal claims a Plaintiff may bring against a negligent hotel owner as a result of bed bug injuries:

Negligence: To prove negligence against a Defendant such as a hotel, the Plaintiffs need to show that the Defendants negligently breached their duty by failing to exercise ordinary care to provide them rooms that were reasonably safe for use and occupancy and that failure caused the Plaintiffs injuries.

Negligence Per Se: Under O.C.G.A. § 51-3-1, it is the duty of an owner who by express or implied invitation induces others to come upon his premises for lawful purpose, he is liable in damages to such persons for injuries caused by his failure to exercise ordinary care in keeping the premises safe. Additionally, under Georgia State Regulation 290-5-18-.11 of the Department of Human Resources, owners are required to utilize effective measures to eliminate insects from their hotel's premises.

Consequently, in a negligence per se claim against a hotel, Plaintiffs can show that Defendants violated O.C.G.A. § 51-3-1 by inviting guests to stay at their hotel property and failing to exercise ordinary care to keep their hotel premises safe. Additionally, Plaintiffs might also be able to prove that Defendants violated Georgia State Regulation 290-5-18-.11 by failing to utilize effective measures to eliminate the bedbug infestation from their premises while subjecting their hotel guests to these dangerous conditions. If Defendants violate these laws, they are liable for the harms their actions caused to the Plaintiffs.

Georgia Fair Business Practices Act: Furthermore, Plaintiffs as members of the consuming public may be able to file a Georgia Fair Business Practices Act claim if they can show the Defendant engaged in unfair and/or deceptive business practices and that Plaintiffs justifiably relied on Defendant's knowing, false representations that caused the Plaintiffs damages.

If Defendant has committed several unfair and/or deceptive practices, Plaintiffs may be entitled to both general and exemplary damages, as well as being entitled to treble (triple) damages because Defendant intentional violated the Georgia Fair Business Practices Act. See Conseco Finance Servicing Corporation v. Hill, 252 Ga. App 774 (2001). Prior to a Fair Business practices claim being filed, a 30 day written notice of demand must be made. Under Georgia law this notice is to be liberally construed. See Lynas v. Williams, 216 Ga. App. 434, 435 (1995).

Punitives claim: Plaintiffs can also argue that they are entitled to exemplary damages if Defendants' conduct was wanton, willful, and showed a reckless disregard and deliberate indifference to the rights of the Plaintiffs.

Claim for Attorneys Fees: Additionally, if Defendants have been stubbornly litigious, acted in manifest bad faith and caused Plaintiffs unnecessary trouble and expense, Plaintiffs may ask that the court should grant Attorney Fees.

For helpful photographs on identifying bed bugs, see here. Additionally, the United States Environmental Protection Agency helpful website which covers frequently asked questions can be, seen here. Bedbug Central, a website devoted to helpful bed bug advice can be seen here.

Good Georgia Lawyer Discusses Georgia Bed Bug Problem

Tue, 20 Mar 2012 20:38:54 -0500

A recent article in the Atlanta Journal Constitution reports that bed bugs are growing into more of a problem in Atlanta, Georgia. The AJC reports that according to the latest figures, Atlanta ranks number 21 of the top 50 cities that have bed bugs the most. That's up from No. 45 as of a couple years ago.

Overall, a professional extermination company that regularly treats bedbugs was interviewed by the AJC and stated that they saw over a 30 percent increase in bed bug business between 2010 and 2011.

The AJC also reported that exterminators stated that the top two bed bug cities the second year in a row were Cincinnati and Chicago, respectively. Also included in the top 10 were Detroit, Denver, Los Angeles, Columbus, Ohio, Dallas/Fort Worth, New York and Richmond/Petersburg, Va., respectively.

Entomologists who treat bed bugs state that cities with busy airports such as Atlanta may see increased bed bug problems because of increased travel along with the bed bug population increasing over all.

Williams Oinonen LLC has dealt with many bed bug clientele in Georgia and reports also having seen an increase in bed bug clients over the past year. As professional exterminators will acknowledge, bed bugs do not discriminate between 5-star and 1-star apartment complexes and hotels. Both can have them.

However, Williams Oinonen LLC reports that in general, some of the more high-end hotels are quicker to properly respond to bed bug complaints whereas lower star hotels can sometimes be more egregious in their conduct at times.

Regarding apartment complexes however, Williams Oinonen LLC states that unfortunately, our law firm has seen both property owners in luxury style complexes as well as landlords in low income housing fail to respond to tenants complaints properly.

Williams Oinonen LLC advises travelers to look for signs of bed bugs such as tiny rust-colored spots on bed sheets, underneath the mattress, and the sides of mattresses prior to bringing the luggage into their room.

Also, while not a guarantee, it can't hurt to ask the hotel staff whether they are aware of previous bed bug complaints. If they say yes, consider checking into another hotel. While hotels will generally not volunteer such information, sometimes you can encounter a truthful staff employee while others will deliberately hide and deny a known bed bug problem.

Once you have carefully inspected a room and bring your suitcases inside, rather than putting suitcases and clothes on the bed, inside dressers, or hotel couches, keep luggage and clothing on the luggage racks, and put all clothing in the dryer for at least 15 minutes on the highest setting after returning home.

For more information from our law firm, read here on dealing with a bed bug issue.

Parents Rights Under the Federal Educational Rights and Privacy Act

Tue, 13 Mar 2012 17:13:11 -0500

Federal law under The Family Educational Rights and Privacy Act (FERPA) (20 U.S.C. § 1232g; 34 CFR Part 99) gives parents the rights to their children's educational records. The law applies to all schools that receive funds under an applicable program of the U.S. Department of Education. This applies to most schools.

What Are A Parent's Rights Under FERPA?

FERPA gives parents certain rights with respect to their children's education records:

• Parents have the right to review and inspect their child's educational records maintained by the school. Schools may charge for copies.

• Parents have the right to request that a school correct a record that they believe to be inaccurate. If the school decides not to amend the educational record, the parent has a right to a formal hearing. After the hearing, if the school still decides not to amend the record, the parent has a right to place a statement with the record reflecting their viewpoint about the information that is contested.

• Generally, schools must have in writing permission from a parent to release information about a student's educational record. The law allows schools to disclose those records to the following parties under the following conditions:

 School officials who have a legitimate educational interest in reviewing the record;
 Another school where the student transfers to;
 Appropriate officials for evaluation or auditing purposes;
 Appropriate individuals in connection to the student's financial aid;
 Organizations providing certain studies on behalf of the school;
 Accreditation institutions;
 To comply with a court order or subpoena;
 Appropriate officials in safety and health emergencies; and
 Juvenile justice system authorities, pursuant to specific State law.

Schools are allowed to disclose, without consent, "directory" information including name, phone number, and other such basic information as long as they tell parents about such information and allow a reasonable time frame to opt out.

These rights under FERPA will transfer to the student when they reach the age of majority (age 18) or attend college or an educational institution beyond high school.

Good Georgia Lawyer Discusses Paula Deen Lawsuit For Racial Discrimination, Use of the N-Word, Sexual Harassment of Employees

Tue, 06 Mar 2012 14:09:40 -0500

Paula Deen, her brother, and her companies have been sued for racial discrimination, assault, battery, sexual harassment, amongst other unlawful, humiliating conduct practiced upon their employees. Ms. Lisa T. Jackson is the plaintiff in this matter and the former general manager at one of Paula's restaurants. Ms. Jackson worked for Paula Deen from approximately 2005 to 2010.

Hired to do "a man's job:"
Paula Deen put her in the position of general manager to clean up her brother Bubba's failing restaurant which was called "Uncle Bubba's." At that time, the complaint alleges that Paul Deen stated, "if you think I have worked this hard to lose everything because of a piece of p***y think again. . . And now I am going to do something I have never done. I am going to put a woman in a man's job" giving Ms. Jackson six months to turn the restaurant around.

Called "my little Jew girl:"
The complaint alleges that in six months, Ms. Deen's directive was accomplished and as a result she was called "my little Jew girl" by Paula's brother and "almost Jewish" by their Certified Public Accountant (CPA). As general manager, Ms. Jackson alleges that in spite of her accomplishments, she was not paid a salary equal to her male counterparts and was told by the CPA that "women are stupid because they think they can work and have babies and get everything done" and that Paula's brother Bubba "would not permit a woman to be paid any more than she was already paid."

Ms. Jackson stated that she and her employees were subjected to oppressive sexual and racial harassment including being subjected to inescapable pornography that brother Bubba brought into her office every single day.

Sexual Harassment:
The complaint alleges that Paula Deen's brother Bubba would ask Ms. Jackson if she would bring pictures of when she was young for him to view, would comment on her physical appearance, comment on other female employees physical appearance, and regularly made abusive comments that included talking about men putting beer on top of a woman's head while "she is giving you a blowjob." Ms. Jackson also alleges that Paula Deen's brother Bubba Hiers forcibly and unlawfully grabbed her face, kissing her and spitting upon her.

Racial Discrimination Including Use of the N-Word:
Ms. Jackson (who is Caucasian) alleges in her complaint that both Paula Deen and her brother Bubba Hiers also subjected her to racially discriminatory conduct every single day. For example, the complaint Ms. Jackson states that when she asked Paula Deen what type of uniforms she preferred the servers to wear, Paula Deen responded by stating:

"Well what I would really like is a bunch of little n*ggers to wear long sleeve white shirts, black shorts and black bow ties, you know in the Shirley Temple days, they used to tap dance around. . .Now that would be a true southern wedding wouldn't it? But we can't do that because the media would be on me about that." laughed Paula Deen to Ms. Jackson.

Keeping Blacks in the Back:
Ms. Jackson states in her complaint that all African American staff persons at her restaurant were required to use one restroom in the back of the restaurant and not the customer restrooms even though the white staff were allowed to. Additionally, she alleges that African American staff persons were not allowed to go to the front of the restaurant and that when Ms. Jackson hired two African American hostesses, Paula's brother Bubba Hiers repeatedly complained. Ms. Jackson also alleges that Bubba would start drinking whiskey at approximately upon 10:00 a.m. where he began his day of drinking and abusive behavior.

"Don't You Wish You Could Rub All The Black Off of You And Be Like Me?":
The complaint alleges many of Bubba's abuse including stating: "I wish I could put all those n*ggers [in the kitchen] on a boat to Africa;" that he told a black security guard: "don't you wish you could rub all the black off of you and be like me. . you just look dirty I bet you wish you could;" told a vendor that he had a "bunch of coons in this kitchen," told jokes using the word n*gger in the presence of others, physically and violently shook an African American kitchen staff person and challenged other black kitchen workers to fight him.

After five years of being subjected to Bubba Hier's abusive violent conduct Ms. Jackson states she began developing enormous stress which caused her chest pains, panic attacks and later serious medical consequences which made her doctor insist she stay away from work and request that he admit her to the hospital. The complaint allege that she made pleas for relief to senior management reporting the discriminatory conditions and abusive treatment she confronted.

Ms. Jackson is asking that the Court permanently enjoin Paula Deen, her brother, and her companies from further unlawful conduct including awarding her damages and attorney fees.

To view the actual complaint, click here: Jackson v. Deen, et al. Complaint(1).pdf

Good Georgia Lawyer Discusses Georgia Whistleblower Act

Mon, 20 Feb 2012 23:02:45 -0500

The Georgia Whistleblower Act, codified under O.C.G.A. §45-1-4, protects public employees from wrongful termination or retaliation as a consequence of their 'whistleblowing' activity.

To summarize, the law states that a public employer cannot retaliate against a public employee for disclosing noncompliance or violation of a law, rule or regulation to a government agency or supervisor, or for refusing to participate in any policy, practice, or activity of the public employer that the employee has a reasonable cause to belief that noncompliance or a violation of the law, rule, or regulation is occurring.

What is retaliation? This could refer to a discharge, suspension, demotion, or any other adverse employment action taken by a public employer against the public employee in the terms of their employment.

If you are an employee who works for a public employer (an executive, judicial, or legislative branch of the state; any other department, board, bureau, commission, authority, or other agency of the state which employs or appoints a public employee or public employees; or any local or regional governmental entity that receives any funds from the State of Georgia or any state agency O.C.G.A. § 45-1-4) then the Georgia Whistleblower Act may apply.

If in the event you experience any type of demotion, suspension, or discharge as a result of participating in protected whistleblowing activity, you should seek legal advice as soon as possible in order to protect your rights. A public employee may file an action against their employer within one year of discovering the retaliation or within three years of the retaliation.

Williams Oinonen LLC Assists Pre-Law Students At Covenant College

Mon, 06 Feb 2012 22:37:58 -0500

On Saturday, February 4th, Julie Oinonen, Partner at Williams Oinonen LLC was a guest speaker at Covenant College, on Lookout Mt. Georgia where she spoke to Covenant students who are considering law school. Covenant College is a four year liberal arts Christian college on Lookout Mountain, Georgia of which Ms. Oinonen is an alumna. Ms. Oinonen shared with students tips on getting into the best law school, succeeding while you are there, and figuring out whether a law career is right for you. Ms. Oinonen particularly spoke of her profession as a calling and how her faith informs her practice.

Ms. Oinonen is a partner at Williams Oinonen LLC, a civil litigation firm that also provides political consulting, campaign strategy, and opponent research for election campaigns. This is her second time speaking at Covenant College within the past year as her law firm has made a special effort to reach out to pre-law students at the institution.

The two other alumni speakers at the event were Mr. Pete Johnson and Mr. Cal Marshall, both licensed attorneys in the state of Tennessee. Mr. Pete Johnson an attorney at his own firm, handles corporate, real estate, wills, construction and development law. Mr. Cal Marshall is an associate Chambliss Bahner and Stophel P.C. in Chattanooga where he practices business and health law, assisting clients on compliance with federal and state regulations and business planning.

Williams Oinonen LLC is currently planning to host Covenant College students on April 13th in Atlanta, Georgia where they will be given a tour of the state Capitol, downtown courthouses, luncheon at the Commerce Club, and tour of Emory University School of Law in the afternoon.

Ms. Oinonen is an alumna of Emory University School of Law and both she and her law partner, Mr. Mario Williams are Emory University law fellows with the Center of Advocacy and Dispute Resolution. Williams Oinonen LLC is the only law firm in Georgia that boasts having both law partners as current fellows at Emory University School of Law.

Said Ms Oinonen about her experience at Covenant College on February 4th: "It is always a privilege to be able to spend time with the students at Covenant College. They are thoughtful, engaging, intellectual thinkers who develop strong critical thinking skills, an important component for legal minds."

Good Georgia Injury Lawyer: New Plan Threatens Highway Safety

Sun, 15 Jan 2012 16:08:06 -0500

Good Georgia Lawyer is very concerned about the Governor's new plan to turn the emergency lane on the Ga. 400 into a travel lane. Governor Nathan Deal announced this new project to convert the highway shoulder that is typically used for an emergency lane as an additional lane for traffic. The emergency shoulder is currently used for ambulances, firetrucks, and police cars who need a speedy bypass for getting through congested traffic to reach an emergency or get a patient to the hospital in time.

Emergency services operators are all expressing their alarm. Even those who simply need to use the emergency lane in the event of a car break down now will not have an option to do so, thus increasing the dangers on this particular freeway significantly. Firefighters, police officers, and ambulance drivers are against the new plan believing it will put the public at risk.

Ga. 400 rush-hour commuters know how difficult this freeway can be as it has been recently ranked as one of the nations most unreliable commutes. Nevertheless, experts say that converting the emergency lane into a traffic lane will not ease the traffic that significantly and critics contend that the heavy price tag made up of safety losses make it not worth it.

Good Georgia Lawyer regularly represents Georgians who have been seriously injured or tragically killed because of a dangerous highway condition and thus we urge the Governor and Department of Transportation to consider other solutions before sacrificing highway safety.

For example, we recently represented a U.S. military sergeant who nearly lost her life due to a tragic automobile accident on a Georgia interstate when she was hit by a reckless driver, an admitted drug addict, who had been weaving in and out of traffic. She rolled through several freeway lanes of traffic before tumbling into the emergency lane and flipping into an embankment.

Fortunately for her, other witnesses and Good Samaritans had an emergency lane during the time of this collision where they were able to pull over and assist her in while they waited for emergency medical personnel to arrive.

This client of ours sustained serious medical injuries that she will sadly suffer the rest of her life. Shortly after the automobile collision, she retained a lawyer who wanted her to settle her claim for $30,000. Dissatisfied with the legal service she was rendered, she terminated him as counsel and subsequently retained her firm. We were very honored to be able to represent her and aggressively litigated the case preparing for trial. As a result of hard work and preparation, we were able to settle her case for the full policy limits, at a confidential six figure settlement.

She recently wrote to us the following:

"I was in a horrific car accident in 2009. I was hit by a drug addict. My car did 'three-sixties' on the highway and flipped over into an embankment. My car was totaled. By the grace of God I had no broken bones but I had several other injuries.

I was referred to an attorney who held onto my case for over six months and did absolutely nothing! Whenever I spoke to him I felt as though I was a thorn in his side. I finally realized that he was nothing more than a personal injury mill. He had no other attorneys assisting him with his multitude of cases. Therefore, he was overworked and had little or no time for his clients. He actually told me that he believed my case was worth no more than $30,000. He made this determination before even knowing the what the policy limits were of the guy's insurance who hit me. Additionally, I had more than $50,000 in medical expenses. So needless to say, I fired him!!! Then I was blessed with Mario Williams and Julie Oinonen.

Mario and Julie hit the ground running. I finally felt as though justice would be served and I would receive a decent settlement. They both worked diligently on my case. Whenever I called them they were available and extremely receptive. They treated me with respect and had genuine concern for my well being. When it was all said and done...They were able to get me a six figure settlement!!!!

Hopefully I will not have to use their services again...but if I ever need an attorney, I will definitely use them an no one else! Remember this name "Williams Oinonen LLC. They are the truth!!!!"

While we are grateful and honored to have been able to represent this United States Military Sergeant, we are also grateful that her injuries were not more severe. One reason this particular automobile accident did not turn out worse then it did was because the Good Samaritans and ambulance personnel who helped her had access to an emergency lane.

Good Georgia Lawyer urges the Governor and Department of Transportation to reconsider this plan for the Georgia 400. Nothing is worth more than keeping the safety of our Georgia residents first.

Good Georgia Education Lawyer Discusses Georgia School District's Unfair Discipline Of A Student

Mon, 09 Jan 2012 20:26:51 -0500

A family in Gwinnett County are very upset when their 13-year-old child was suspended after voluntarily turning in a pocket knife he had found in his school bag. After complaining, school officials agreed to decrease the number of days he was suspended and rethink the suspension policy.

The young child found the pen knife in the backyard that his aunt had bought second hand at a yard sale and given him as a Christmas gift. As soon as he found the knife, he immediately turned it into his teacher.

Even though it was obviously not the young man's fault, common sense did not follow and the school foolishly gave the boy a four day in school suspension for violating the school policy on weapons.

Since then, though, school officials have now reduced the boy's suspension to two days and claim they will "rethink" the policy. Says the boy's father: "He is a very good child. We've never had a discipline problem with him; he is in Boy Scouts, he is very good natured." Additionally, he told his son, "Jack, you did the right thing. What else could you have done?"

Severe and automatic punishments evolved from the 'zero-tolerance' movement which started in the eighties in keeping with the federal anti-weapons and drug policies. But as the AJC reports: over the years, Georgia students have been suspended under zero tolerance "for kissing a girl on the forehead, wearing a studded belt, bringing a French teacher a gift-wrapped bottle of wine and carrying a Tweety Bird wallet with a chain on it."

In 2009, a similar incident happened when a middle school student accidentally brought a fishing knife to school and ended up being expelled, arrested, convicted of a felony and sent to an alternative program even though he voluntarily gave up the knife to the principal.

This is an example of the type of absurd, common-sense lacking decisions that sometimes occur among school districts as experienced by some of Good Georgia Lawyer's clients. Fortunately, in response to the 2009 incident, state Senator Emanuel Jones, a Democrat from Decatur, sponsored legislation that required a hearing before taking a student into custody and prohibits charging a student as a designated felon unless the weapon is used in an assault or it is a gun. This bill was signed into law in spring of 2010 by the Governor.

If your son or daughter becomes a victim of this type of common senseless injustice, it can be very helpful to contact an attorney right away to protect your child's legal rights. Georgia law provides that if there is the potential of a suspension longer than ten days, then O.C.G.A. § 20-2-753 requires a disciplinary hearing where the requirements of O.C.G.A. §20-2-754 are met including providing written notice, entitling the student to be represented by legal counsel and to present evidence.

In this instance, if the period of discipline is shorter than ten days, an attorney is still helpful to protect your child's rights in these types of extreme instances. If other issues are involved--such as violations of Georgia bullying law or federal disability laws--there can be even greater need to obtain legal counsel.