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Guidelines for Non-Compete Agreements

Employers often use non-compete agreements to restrict employees from working for competitors and to protect proprietary business information. However, given today’s uncertain economic environment, courts are more reluctant to enforce agreements that place unreasonable restrictions on an employee’s ability to seek and maintain gainful employment.  As such, in order to increase the likelihood that a

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UPDATE Client Alert: New Law Overturns Requirement That Employers Use Attorneys to Answer Garnishments

On February 8, 2012, Governor Deal signed off on new legislation that will allow employers to execute and file garnishment answers without the involvement of an attorney.  The measure, SB 683, was proposed by the legislature in response to a September 12, 2011, Georgia Supreme Court ruling that businesses were required to enlist the assistance

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Client Alert: New Law Overturns Requirement That Employers Use Attorneys to Answer Garnishments

As of September 12, 2011, businesses now need to enlist the assistance of a licensed Georgia attorney in order to file an Answer to a Summons of Garnishment.  The new procedures are the result of the Georgia Supreme Court’s adoption of an advisory opinion of the State Bar of Georgia that a non-lawyer employee answering

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Preparing enforceable settlement documents outside of the settlement stipulation

When settling claims made by an employee or when drafting severance agreements, employers should take some steps to ensure that their General Release and Settlement Agreement will be enforceable. Remember that these agreements should always be between the employer and the plaintiff/claimant – the insurer preparing and executing these documents will not protect the employer/insured!

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Navigating Uncharted Waters: Bringing Your Company Into Compliance With New and Existing Employment Laws

The start of a new year is a good time to review employee manuals and practices to ensure that they are up-to-date and compliant with state and federal law.  Several significant changes to federal employment laws which were enacted in 2008 are now in effect.  Failure to comply could expose your company to significant legal

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Use Caution Before Terminating Employees

Some states’ workers’ compensation laws allow an employer to replace an employee who is out on workers’ compensation leave if business necessities require the position to be filled. However, before terminating an injured worker, employers should consider whether any federal anti-discrimination laws are implicated. For example, under the Family and Medical Leave Act (FMLA), an

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Drafting Effective Releases

When settling claims made by an employee or when drafting severance agreements, employers should take some steps to ensure that their General Release and Settlement Agreement will be enforceable: The Release Must Be Supported By Consideration – The employee must receive some benefit to which they were not otherwise entitled, even if it is some

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Procedural and Substantive Requirements for Discovery of  HIPAA Information

The Georgia Supreme Court recently ruled that ex parte interviews with a plaintiff’s medical providers may be conducted under the Health Insurance Portability and Accountability Act of 1996 (HIPAA).  However, procedural requirements for protecting information disclosed during such interviews must be satisfied.  See Baker v. Wellstar Health Systems, Inc., No. S10A0994 (June 1, 2010).  In

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