Employment

Details

We provide employer-focused counsel on sensitive issues such as discipline and termination, advising senior management and human resource professionals with practical, compliant solutions. Our team conducts employment audits and training programs to help clients remain up to date with ever-evolving legal requirements, and we draft and review employment policies and handbooks tailored to each client’s needs.

Our attorneys also assist clients in responding to government inquiries, including I-9 audits, wage and hour investigations, and matters before the EEOC and the Department of Labor. In addition, we prepare employment contracts and confidentiality and restrictive covenant agreements that comply with the unique and often complex requirements of Georgia law.

When employment matters escalate into administrative investigations, arbitration, or litigation, we represent clients vigorously before administrative agencies, arbitral forums, and state and federal trial and appellate courts in Georgia, South Carolina, and throughout the Southeast.

HunterMaclean’s employment attorneys are active in the community and committed to staying on the forefront of emerging HR and employment law trends. Members of our team have held leadership roles in local and statewide SHRM (Society for Human Resource Management) chapters, nonprofit personnel committees, and Employer Committees sponsored by the Georgia Department of Labor. We are also frequent speakers at employment law seminars, HR training events, and continuing legal education programs.

Chambers USA: America’s Leading Lawyers for Business noted: “This Savannah-based firm continues to excel in the local market. The three-partner employment team is experienced in providing advice and solutions on a range of matters, from EEOC charges and wage and hour investigations to compliance with affirmative action obligations and employment contracts.”

HunterMaclean’s employment practice is frequently cited as a model for quality and value in legal representation. Our attorneys are respected experts in the field and share a passion for helping clients achieve their business goals while fostering strong, productive workplaces.

We serve clients across all industry sectors and throughout the region.

Industries

• Manufacturing
• Health care
• Hospitality
• Government
• Retail
• Restaurants
• Physician practice groups
• Dental practices
• Professional service companies such as construction companies, engineering firms, law firms, staffing firms, and accounting firms
• Nonprofits
• Independent schools
• Faith-based institutions

Employment litigation and employment defense in state and federal court

• Represent employers in discrimination (age, sex, gender, religion, disability, genetics, race, color, or national origin), harassment, and retaliation claims
• Represent companies with respect to USERRA (Uniformed Services Employment and Reemployment Rights Act, or military leave law)
• Represent companies and employers in WARN (Worker Adjustment and Retraining Notification Act) and RIF (Reduction in Force) claims

Audits and investigations

• EEOC (Equal Employment Opportunity Commission) investigations
• EEOC charges
• Department of Labor (DOL) investigations
• DOL audits
• Wage-hour audits
• Investigations by DOL under Fair Labor Standards Act (FLSA)
• Immigration audits

Covenants and agreements

• Restrictive covenant agreements that include non-compete, non-solicit, non-disparagement, and non-disclosure provisions
• Confidentiality agreements

Counseling and training

• Policy review
• Employee handbook review
• Sexual harassment training
• Manager and supervisor training

Experience

• HunterMaclean attorneys litigated the seminal mandatory arbitration case in the Eleventh Circuit establishing that companies may create binding arbitration agreements with their employees through internal dispute resolution policies. Caley v. Gulfstream Aero. Corp., 333 F. Supp. 2d 1367 (N.D. Ga. 2004), aff’d, 428 F.3d 1359 (11th Cir. 2005), cert. denied, 547 U.S. 1128 (2006).
• HunterMaclean attorneys represented the prevailing parties in the then seminal cases in the Eleventh Circuit Court of Appeals concerning Georgia’s stringent requirements for enforceable non-compete agreements. Keener v. Convergys Corp., 205 F. Supp. 2d 1374 (S.D. Ga. 2002), question certified to Georgia Supreme Court, 312 F.3d 1236 (11th Cir. 2002), certified question answered, 276 Ga. 808 (2003), aff’d in part and rev’d in part, 342 F.3d 1264 (11th Cir. 2003); Palmer & Cay, Inc. v. Marsh & McLennan Cos., 404 F.3d 1297 (11th Cir. 2005).
• Huene v. The Landings Club, Inc. Obtained a dismissal of member’s lawsuit against a private club because the club is not subject to constitutional due process restrictions, nor does Title III of the ADA apply.
• Bacon v. Gulfstream Aerospace Corporation. Obtained a favorable order dismissing plaintiff’s claims of age discrimination in a contentious arbitration proceeding.
• Hart v. Camden Urgent Care. Plaintiff voluntarily dismissed federal FLSA lawsuit after HunterMaclean filed a detailed motion for summary judgment.
• Washington v. Waffle House, Inc. Very favorable settlement of claims arising out of assault by security guard after protracted litigation where client had significant exposure to liability.
• Hobby v. Momentum Resources II, Inc. Superior Court granted defendant’s motion for summary judgment on plaintiff’s claim of disability discrimination based on Georgia law.
• Cooksey v. South Atlantic Forest Products, Inc. Superior Court granted defendant’s temporary restraining order to enforce employment covenants.
• Wagner v. Murphy Oil USA. Jury verdict for the defendant in FLSA case affirming that that former store manager was properly classified for wage/hour purposes and therefore exempt from overtime.
• Matos v. Fulcrum Properties, Inc. Summary judgment for defendant on state tort claims. Jury verdict for defendant on Title VII and § 1981 claims of racial/national origin harassment, disparate treatment, and retaliation.

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