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IMG_0040.JPGThis 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.

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easter.jpgGood 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.

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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.
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bed bug.jpg 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.
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bed bug.jpgA 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.

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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.
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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
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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.
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covenant.jpgOn 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.

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traffic.JPGGood 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.

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