Employment Law

Atlanta Employment Lawyers

The laws governing employer-employee relationships are complex. While principles of fair and equal treatment are the foundation for most of these laws, it is important to recognize that companies have considerable latitude to hire, fire, and generally run their businesses as they choose.

Balanced, Knowledgeable Guidance For Business Owners And Employees

At Cannon, Mihill & Winkles, we have extensive experience representing employers and employees when serious disputes arise in the workplace. Our lawyers are also adept at advising and assisting employers who wish to establish effective workplace policies and do all they can to minimize their risk of costly litigation. Balance and perspective gained on both sides of this equation is a key asset for our clients.

Experienced In Federal Litigation And Other Paths To Workplace Dispute Resolution

In-depth knowledge of both federal and state of Georgia employment laws, as well as the deadlines and procedures specific to federal court litigation, will likely be essential in your case. Atlanta employment law attorney Logan Winkles is an active member of the Federal Bar Association and he served as a judicial law clerk for a distinguished United States Magistrate prior to entering private practice. Our firm can be a difference-making resource for you in matters such as:

  • Drafting, review and negotiation of employment contracts, including nondisclosure and noncompetition agreements
  • Representation in employment contract disputes, including alleged breaches of sales/commission-based contracts and other agreements
  • Disputes over alleged violations of the Fair Labor Standards Act (FLSA) or other wage-and-hour laws, including alleged failures to pay overtime
  • Allegations of workplace discrimination under Title VII of the Civil Rights Act, the Americans with Disabilities Act (ADA) or the Age Discrimination in Employment Act (ADEA)

We offer informed counsel in our clients' best interests. Our lawyers have the trial skills to represent you zealously in court, along with the proven ability to achieve just outcomes through negotiations, mediation and arbitration. For a consultation with a lawyer who will prioritize your case and recognize all that you have on the line, contact us anytime.

Employment Law Services

Atlanta Employment Contract Lawyers

In today's complex, ultra-competitive business climate, employers, executives and other professionals rely on a wide array of employment agreements for protection of their interests. Such contracts are often extremely specialized and detailed. If you want to fully understand what you are being asked to sign, need to develop contracts suited to your needs as a business owner, or believe another party has violated the terms of a contract, we can help.

Insight, Risk Assessment And Strength In Litigation You Can Trust

At Cannon, Mihill & Winkles, we have a balanced employment law practice. Our Georgia-licensed employment contract attorneys will work with you closely to ensure alignment with your specific goals as either an employer or employee. We are adept at spotting potential issues and determining whether certain provisions may be enforceable under the law. This knowledge covers the spectrum of contract review, negotiations and litigation involving:

  • Noncompetition agreements (sometimes called simply "noncompetes") and other restrictive covenants such as nondisclosure and confidentiality agreements
  • Sales/commission-based contracts and complex, often heavily incentive-based executive compensation packages
  • Severance agreements

Are You Facing A Dispute Over Compensation, Competition Or Other Issues?

Business relationships evolve and break down for many reasons. Consequently, employment contract disputes arise over a vast range of issues, from whether proper compensation was paid or a firing was lawful to what employment activity someone can pursue when leaving a company.

Our clients benefit from the perspective we have gained on both sides of such high-value disputes. We will recognize how financially and personally significant your case may be for you and offer the utmost in focused guidance. If litigation in court is required, you will have a dedicated, proven lawyer on your side. For a consultation with the Atlanta-based employment lawyer best equipped to address your concerns, call or email us now.

Atlanta Noncompetition Agreements Attorneys

Often referred to as "noncompetes," restrictive covenants that govern what employees can lawfully do when they leave their employers have become a common practice across many business sectors. Businesses must protect their proprietary data and customer relationships. Executives, sales professionals and other individuals naturally wish to avoid burdensome restrictions and keep their options open.

Reliable Upfront Guidance Backed By Proven Strength In Litigation

At Cannon, Mihill & Winkles, our attorneys have extensive experience reviewing noncompete agreements, advising clients on their enforceability and taking action when disputes arise. Our knowledge of current Georgia law and recent judicial decisions in this area equips us well to:

  • Provide comprehensive counsel and services for employers seeking maximum protection of their business interests through development of sound, enforceable employment contracts
  • Review noncompete, nondisclosure and other agreements for prospective employees who want to understand them in practical terms before signing
  • Advise individuals who are considering changing jobs or starting a business and have concerns about their exposure to litigation for violating a noncompete
  • Pursue litigation or other recourse when allegations of unfair competition, tortious interference or any other breach of a restrictive covenant arise

An Outstanding Resource For Drafting Or Challenging A Noncompete

Noncompetition agreements should be drafted with careful attention to detail. Terms that may be unduly restrictive and subject to successful challenge may involve geographic limits, the amount of time the agreement applies and whether their business purpose is properly defined and justified.

If you have any concern involving a noncompetition agreement, a lawyer at our Atlanta firm will address it with care and resolve. You can depend on honest, forthright advice based on a thorough assessment of your rights and viable options. Call or email us anytime at Cannon, Mihill & Winkles for a consultation.

Atlanta Wage And Hour/Overtime Dispute Lawyers

Complaints that an employer didn't pay overtime, required off-the-clock work or denied employees meal and rest breaks can be serious. Many such unfair compensation practices are covered by the federal Fair Labor Standards Act (FLSA). If you are an employee whose right to fair pay has been violated or a Georgia employer that must confront this issue, it is essential to consult a lawyer with employment litigation experience at the federal level.

Qualified, Highly Focused Representation For Georgia Employers And Employees

At Cannon, Mihill & Winkles, an Atlanta wage-and-hour law attorney with extensive relevant experience is here to help you. We maintain an active, balanced employment law practice and welcome inquiries from both employers and workers with concerns involving issues such as:

  • Unpaid overtime, including cases where employees may have been misclassified as exempt from overtime pay or as independent contractors
  • Failure to pay employees for all hours they work, sometimes resulting in compensation below the mandated minimum wage
  • Termination, discipline or other retaliation against an employee for calling attention to potentially illegal pay practices
  • Refusal to pay duly earned sales commissions as defined in an employment contract, either on an ongoing basis or upon severance

Proven Litigators And Trusted Business Advisers Who Know Employment Law

The line between reasonable efforts to maximize productivity and violations of federal employment law can be difficult to discern. Some overtime disputes and other unfair pay claims result from employers' decisions to cut corners and skirt the law. Many others are caused simply by lack of legal knowledge. In addition to aggressively pursuing fair resolution of such claims, we often assist our business clients by examining their employment practices and ensuring they are in compliance with all applicable laws.

To discuss whether you have a viable wage-and-hour or overtime claim or to get the representation you need to defend your company, contact us now at Cannon, Mihill & Winkles.

EEOC Charges of Discrimination

Almost every employment discrimination matter starts with the filing of a charge of discrimination with the Equal Employment Opportunity Commission. For employees, the filing a charge with the EEOC is almost always a mandatory pre-requisite to filing suit for discrimination or harassment. For employers, the receipt of a charge is often as stressful and shocking as service of a complaint and should be taken just as seriously. Once a charge has been filed, an employer has an opportunity to submit a position statement explaining its reasons for taking the action that is being challenged by the employee.

After the EEOC receives both the charge and the employer's position statement, it conducts a preliminary investigation and usually offers both parties the opportunity to mediate. If the voluntary mediation is unsuccessful then either one of two things will happen: first, in some circumstances, the EEOC will file suit on behalf of the employee or, second, the EEOC will issue a right-to-sue letter which allows the employee the opportunity to file a discrimination lawsuit within 180 days.

There are a number of important deadlines that both employees and employers must keep in mind in either filing or responding to a charge. The Atlanta employment lawyers at Cannon, Mihill & Winkles have considerable experience representing both employees and employers in filing and responding to EEOC charges. If you are an employee who feels like you've been discriminated or if you are an employer who has received notice of a charge filed against you, then we would be happy to speak with you.

Sexual Harrassment

Although everyone knows that there is no place for sexual harassment in the work place, the unfortunate fact is that it occurs with far more frequency than anyone would like to admit. For employees, sexual harassment from supervisors or colleagues can be both humiliating and terrifying. For employers, creating a safe working environment is both legally required and in the best interest of staff and customers alike.

The employment attorneys at Cannon, Mihill & Winkles have vigorously and successfully represented both employees and employers in sexual harassment cases. While Cannon, Mihill & Winkles is proud of its litigation success, it is equally as proud of the opportunities to advise employers about best practices and ways to create harassment-free work places and limit their potential exposure. If you feel that you have been a victim of harassment at work or if you'd like to speak with an attorney about ways to prevent harassment in your office or work, the attorneys at Cannon, Mihill and Winkles would be happy to take your call.