The Georgia man was formerly employed by the Atlanta Department of Watershed Management. He recently spoke about his reasons for filing the litigation with a local news station. He alleges that he was unjustly fired when he brought it to the attention of city officials that there may be a conflict of interest since the woman's new employer is involved in business dealings with the city.
]]> According to the former employee, his former coworker was still using city resources such as city-owned equipment and computer system even after she quit working for the city. The man says he was concerned that the woman had access to private and confidential information regarding. The Georgia city has not publicly given a reason for the termination. A spokesman for city has declined to speak about the ongoing legal process.This business litigation has the potential to become a larger issue depending on its outcome. If a judge determines that the former employee was indeed fired in retaliation for pointing out the woman's access to city resources, it could lead to additional legal consequences for the city of Atlanta. It may be in the city's best interest to be aggressive in its approach to this lawsuit.
Source: jacksonville.com, "Former Atlanta city employee sues mayor and other city employees," May 16, 2013
]]>The Georgia priest has collected many items to sell and raise money for his mission. The goods and large items that he collected were quite numerous and large, necessitating the use of an over-sized storage container. At the time the priest secured the unit, he supposedly had an agreement with the owner about the terms of the lease but now claims he is a victim of fraud.
]]> The original owner of the storage facility agreed to let the priest use the unit, but eventually sold the property to a new owner. The fraud claims stems from the supposed sale of items from the unit, not approved by to the priest. The priest claims that he was not in violation of his agreement to store his unit in the facility.It is not clear if the items that were supposedly removed from the unit have been restored to the priest or if the priest knows for certain what was taken. The legal representation of the priest originally considered including assault in their claim in addition to the fraud claim, based on the priest's testimony regarding his treatment at the facility. The owner of the facility claims that he is owed back rent and other fees.
There is a past court order originating from the original owner, however it is not clear if there is any other paperwork. It would be difficult to prove fraud without documentation. However, there are witnesses that have taken the stand for both sides. There is no indication of the court's ruling as of now, though the litigation underscores the point that those using business services would do well to ensure that have secured appropriate documentation to support any claims they may later wish to pursue.
Source: The Saint Albans Messenger, "Hearing held in priest's case," Jessie Forand, May 2, 2013
]]>The suit against the Georgia farms states that some employees were paid less than minimum wage, which is illegal for companies employing hourly workers. The wage and hour dispute results from employees discovering that they were paid less than other foreign employees. The plaintiffs filed a suit for lost wages covering a time period of three years.
]]> In a wage and hour complaint, it may be hard to prove that the employer did an injustice to their employees. In the suit filed by the employees, it is stated that the employer not only paid less than minimum wage, but they illegally cut wages already earned. The fact that this case is already in the litigation stage presumably means that there is sufficient evidence against the onion farm to warrant a closer examination.The plaintiff's attorney claims that this is a common trend in rural farming areas. Supposedly farms wish to hire local workers, but when they are found, they may earn less than other migrant workers. This kind of hour and wage complaint might discourage Americans from seeking employment in the agriculture industry.
A few of the unfair practices that have been alleged in this wage and hour complaint include employees being required to purchase tools from their employer. Also, the method of payment to the plaintiffs was unbalanced in the favor of the employer. The suit was filed in hopes of reclaiming lost wages and stopping unfair employment practices in farming communities.
Source: ajc.com, "Vidalia onion workers sue Georgia farm," Christopher Seward, April 18, 2013
]]>New business formation will need this fund in their initial start-up phase. This money would be designated to entrepreneurs who would otherwise be forced to move from Georgia or close their business. It is hoped that by promoting new business and tourism, it would bring in more tax money for the state of Georgia.
]]> Business formation requires certain legalities such as contract drafting, licensing, leases, or patents. The legal process behind a new business often requires legal assistance which can be confusing and costly for entrepreneurs. With the state now funding and supporting new business growth, business formation is now an easier to sustain in Georgia.The ultimate goal for this bill, according to the Governor, is to nurture a business-friendly environment for business formation and new technology start-ups. By setting aside this fund and making venture capital available, it increases tax revenue and attracts new business to a friendly market. It may also encourage growth in other sectors.
It is now easier than ever to start a new business in the state of Georgia. With a new business formation, each legal requirement should be considered and completed carefully. By doing it correctly, and with the support of this new legislation, it will promote success in small businesses.
Source: Atlanta Business Chronicle, "Gov. Deal signs bill targeting venture capital, tourism," Dave Williams, April 29, 2013
]]>According to documents that Atlantic Coast Carriers filed in court, Pilot entered into a contract with ACC that promised Pilot would provide a rebate on diesel gas purchased at Pilot truck stops. The rebate would either be given in a check or seen as a discount on bills for customers who were billed directly by Pilot. Atlantic Coast Carriers alleges that Pilot purposefully bilked ACC out of rebate money that ACC was entitled to under the agreement.
]]> The criminal case against Pilot has been fueled by informants inside of the company. According to the insiders and FBI documentation, Pilot kept records on how much money in rebates a company was entitled to and how much money they were actually given. Further, some it is claimed that some employees were actually trained on how to withhold the rebates and which companies to target based on the possibility the withholdings would be discovered. According to court documents, Atlantic Coast Carriers claimed it was targeted as a company that would not notice the discrepancy.While it appears that the Georgia company has reason to be concerned, it will now have to prove its allegations in court. Pilot will also have an opportunity to respond to allegations of breach of contract and to produce evidence on its own behalf. Any company who feels another party has not fulfilled the promises outlined in a contract has the right to seek civil action to seek enforcement of any written terms previously agreed upon.
Source: Knoxville News Sentinel, "Georgia company asks for class action lawsuit against Pilot Flying J," Lance Coleman, April 20, 2013
]]>The city claims it was promised the money to build a public safety complex. When the project was proposed, according to city leaders, the county agreed to give the funds to complete the project up front in order to avoid expensive interest payments. According to Gainesville, the county fell almost $6 million short of the full price of the project.
]]> On the other hand, the county claims that there was no breach of contract. It made payments based on the actual money that was collected in taxes, as opposed to the higher projected amounts. The county states that based on actual revenue, it has made all of the payments Gainesville is entitled to. In fact, the county further contends Gainesville actually owes the county money.It is hard to say in this case who is in the right or the wrong. However, the clear issue is that Georgia taxpayers are the ones who will suffer with a contentious court case and lengthy legal battle about an alleged breach of contract. It may be in the best interest of everyone to come to an amicable agreement about the future of the public safety complex. While the inner workings of the government can sometimes be complex, both parties could come together to create a compromise that could well suit everyone's needs.
Source: AccessNorthGa.com, "Hall claims no breach of SPLOST agreement," Jerry Gunn, April 3, 2013
]]>GOJO hired the company to install the sanitizer and soap dispensers in 2011. Unfortunately, it wasn't long before clients were complaining to GOJO that the dispensers were either missing or improperly installed. As a result, GOJO claims they had to find another company to perform the work they had already contracted.
]]> In a bizarre turn, GOJO claims the first contract company actually contracted with a different company and installed that companies dispensers instead of GOJO's. Additionally, the originally contracted company attempted to sell GOJO's dispensers online and replace already-installed dispensers with the other brand. GOJO has sued their original contractor for several things.Primarily GOJO is suing for breach of contract for not only failing to supply the correct brand of dispensers to Georgia army bases, but for actively promoting a different brand and attempting to earn a larger profit by selling GOJO owned dispensers. It is clear that both sides will get an opportunity to tell their version of the events in a court of law. In a job of this size, large amounts of money are sure to be at stake.
Source: Courthouse News Service, "Real Soap Opera About Purell Heists," Iulia Filip, March 28, 2013
]]>This theory holds that a person who has their likeness used without obtaining their consent in order for another to enjoy commercial gain has the right to file suit against that company or individual. In this case, since MRA Holding LLC has arguably benefited from using the woman's likeness-allegedly without her permission-she does have a valid basis to make a claim. There is not yet any word on whether she will pursue a civil lawsuit based upon that legal theory.
]]> The other legal theory being proposed that was shot down by the Georgia Supreme Court included a claim of child exploitation. According to the Court, only government officials can pursue a case of child exploitation in the criminal courts. Additionally, the judges did not believe that the plaintiff had sufficiently established that MRA had knowledge that the girl was a minor at the time they appropriated her image.With that being said, the Court has ruled that the plaintiff may choose to pursue a business litigation suit based upon the appropriation of likeness claim if she so chooses. Georgia residents or companies who believe that another entity has inappropriately used a likeness to which they own the rights may wish to keep an eye on this case. Additionally, they may wish to research their own options for filing a similar civil suit in order to protect their own rights.
Source: Business Insider, "'Girls Gone Wild' Marketer Can Be Sued Over Image Of A Topless 14-Year-Old," Erin Fuchs, March 29, 2013
]]>The program is offered through a partnership between Capital One Financial Corporation and a nonprofit entity known as Count Me In. The program will serve as a mentorship opportunity focused on helping female vets start and expand their business concepts. One key aspect of the program is helping entrepreneurs find sources of funding for their ventures.
]]> There are a number of targeted funding sources to help female vets, including the Patriot Express Pilot Initiative. Securing outside finding can be difficult, however, and venture capitalist funds are not widely available to female-helmed business ventures. Alternative sources of funding may be one area where the mentorship program can be of greatest assistance.For female veterans who plan to start their own Georgia business venture, proper planning is essential. Part of the process of business formation involves ensuring that all of the legal aspects of a new business are properly addressed. This can include contracts, partnership agreements and a multitude of other needs, depending on the type of business in question. Starting with a secure legal foundation is a key element to success, and one that should not be overlooked in the excitement to get up and running.
Source: San Jose Mercury News, "BizProf: Outreach programs help women veterans with startups," Bruce Freeman, March 27, 2013
]]>Burger 21 appears to be enjoying growing success across the East Coast. There are now six currently-opened Burger 21 restaurants, with an additional 11 franchised restaurants being developed. The franchise has branded itself as being committed to making burgers that are 'beyond the better burger' and providing a fast-casual dining experience.
]]> The Georgia Burger 21 franchise is expected to open in the Mall of Georgia, sometime later in 2013. The vice president who is responsible for franchise development for Burger 21's management company stated that there were plans to continue growing the business brand throughout 2013. Further, the company expresses confidence that the way they differentiate its brand lets it stand out among its competitors and will allow Burger 21 to continue growing through new markets.Those Georgia entrepreneurs who are interested in opening their own Burger 21 franchise may wish to visit the company's website in order to research franchising opportunities. Others may have different franchise opportunities they plan to pursue in mind. In whichever case, entrepreneurs in our state may wish to research their rights and responsibilities when it comes to signing a franchise agreement to make sure they enter into the prospect fully informed on all aspects of their new business endeavor.
Source: Barrow, GA Patch, "News Nearby: First Burger 21 Franchise in Metro Atlanta Area to Be Located in Buford," Deanna Allen, March 17, 2013
]]>According to reports, the Southeastern Painting Contractors, Inc. falsely classified the 67 workers as independent contractors. The workers were hired to work at federally funded school construction sites in the western part of our state. Reports indicate that they received a lower rate of pay than their contracts specified. Additionally, they never received overtime pay.
]]> The Department of Labor found the company in violation of several FLSA provisions regarding wages and record-keeping. Southeastern Painting Contractors reportedly also committed additional offenses, but no further details were given. The company stated that they would comply with federal regulations in the future, and they paid out the amount they owed in back wages to the contracted workers.The FLSA is meant to protect employees and ensure that they receive the pay that they are entitled to. However, it also exists to offer guidelines for employers to follow, which can help them avoid litigation. Any employee who feels that he or she was not paid enough regular wages or overtime pay may wish to explore what options are available under Georgia law. Additionally, companies that believe they have been unjustly accused of violating FLSA regulations have the right to defend themselves from such allegations.
Source: Athens Banner-Herald, "West Georgia company pays $226k in back wages," March 4, 2013
]]>Currently, Atlanta ranks 12th nationally for tech start-ups, with 54 companies formed in 2012. There are currently over 360 tech start-ups in the area. Local entrepreneurs believe that if one of these, such as a software company, really takes off, Atlanta can move up in the national rankings. While a few local tech companies were well-known in the past, they have since been acquired by companies located outside of Georgia.
]]> One advantage that Atlanta has is the number of Fortune 400 companies. Many tech entrepreneurs in the area are looking to work with large firms. Those who can offer a useful solution to these large companies may get their foot in the door a bit more easily. Some tech start-ups are taking advantage of the city's numerous medical providers to tap into the needs of health care professionals and patients.While there are many things about our city that make things easy for entrepreneurs, there is not a lot of venture capital. Still, the number of tech start-ups is growing, and their founders would do well to ensure that they go through all the proper business formation procedures. Having a good foundation and a solid business plan, in addition to brilliant ideas, can help set Atlanta entrepreneurs up for success.
Source: USA Today, "Atlanta is 'Hotlanta' for tech start-ups," Jefferson Graham, Feb. 13, 2013
]]>Despite the housing market crisis of the past several years, Mohawk Industries, a flooring company, has been making a profit, diversifying its offerings through acquisitions and seeing the value of its stock rise. In the past 12 months, the company has seen a profit of $227 million, and is expected to grow even more this year. While Mohawk was affected by the recession, losing 2,000 jobs, it has found a strategy for growth that seems to be working.
]]> Mohawk once specialized in carpet, but has acquired many companies, some abroad, that offer other types of flooring. In October, the company acquired a laminate wood flooring manufacturer that was one of its main competitors. In December, Mohawk bid on a ceramic tile company, and it purchased a chip and melamine board manufacturer in January. These latest transactions are part of a history of mergers and acquisitions that have allowed the company to grow over the years.There is now some concern about whether or not Mohawk will keep its headquarters in Georgia, now that it is expanding more globally. However, some believe that despite its mergers and acquisitions elsewhere, the company's growth can only mean good things for our state. Mohawk's success may set an example for other business owners who are looking to grow. Acquisitions that are made carefully and correctly may help companies in our state get through tough economic times and emerge with a bright future.
Source: The Atlanta Journal-Constitution, "Mohawk comes out of downturn buying," Michael E. Kanell, Feb. 17, 2013
]]>The former cook, who was employed at Kirkwood Bar and Grill between Oct. and Dec. 2012, filed his lawsuit on Jan. 30 with the U.S. District Court in Atlanta. The suit alleges that he typically worked 70 hours per week and only received $10 per hour without any overtime pay. In addition to the overtime, the man is seeking damages equal to the overtime pay, plus legal fees.
]]> The 18-page suit lists the restaurant and the owner as defendants, and they have 21 days to respond once they are served. So far, the owner has not commented on the litigation. He reportedly has been involved in previous disputes and lawsuits with the community regarding the operations of the restaurant.The FLSA is meant to protect workers and ensure that they are being paid fairly, as well as help employers by establishing hour and wage guidelines. Georgia workers who believe that their employer violated FLSA may wish to explore their legal options for getting overtime pay or other wages they may be owed. In addition, employers who are accused of not following FLSA guidelines may take steps to defend themselves against such allegations.
Source: East Atlanta, GA Patch, "Kirkwood Bar & Grill Hit With Wage Lawsuit," Peralte Paul, Feb. 6, 2013
]]>Some business owners try to save money by designing their own websites. However, it may be worth the initial investment to hire someone to set up a professional looking website. That being said, entrepreneurs can also do a lot of their own work to advertise their business through search engines and blogging, instead of hiring someone else to do it.
]]> Many business owners make the mistake of hiring employees, buying equipment and renting office space right off the bat. It may be more prudent financially at first to operate the business from the house, use refurbished equipment and make use of services that provide contractors. Additionally, entrepreneurs do not have to spend a large amount of money on software or Web services. The Internet provides access to free open source resources that can handle those needs.Last but not least, some Georgia entrepreneurs may try to skimp when it comes to the legal and financial aspects of starting a business. However, investing in a little assistance in these areas can save money down the road. For example, it pays to ensure that the business organization is established correctly and that any nonstandard agreements are drafted properly. Once the company is set up, business owners may be able to handle basic financial and legal transactions on their own and seek advice for more complex matters.
Source: business2community.com, "Where and Where Not to Skimp When Starting a Small Business," Gere Jordan, Jan. 30, 2013
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