Archive for the ‘United States’ Tag

Legal Analysis of the Linboom Case and Verdict Watch in the Michael Dunn trial

Trinity Hundredmark recently appeared as a legal analyst on Nancy Grace on HLN.

http://www.youtube.com/watch?v=4i3w40U0rZU

A criminal defense and family law attorney and Partner at Andersen, Tate & Carr, P.C., Trinity discussed the case of little Alexa Linboom, a 5-year old Tennessee girl who was forced to guzzle the grape soda and water after she took “one or two grape drinks” that belonged to her stepmother.  She was allegedly force-fed so much liquid that it caused the sodium level in her body to go down and caused her brain to swell.  She died as a result.

Trinity also discussed a case involving Sick Kids Hospital of Toronto, who allegedly overdosed a teenage boy with 7 drugs in 7 hours.  These drugs were nearly life threatening and were given without any prior testing or blood work completed by the hospital and despite objections by the boys’ parents.

Catch her tonight on HLN from 3-6 as she sits on Verdict Watch in the Michael Dunn trial.

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ATC is Proud to Announce Eadaoin Waller Named Partner

Eadaoin WallerAndersen, Tate & Carr, P.C. is proud to announce that Eadaoin Waller has been elected by the shareholders as a partner in the firm. Brad Carr, head of the firm’s corporate department, said: “Through her career at ATC, Eadaoin has developed expertise in guiding our corporate clients through the spectrum of corporate and non-profit issues, with a strong focus on common sense solutions, efficiency and service.  We are excited to welcome her to the ranks of partnership.”

Eadaoin Waller is part of the corporate group of Andersen, Tate & Carr. Her practice focuses on employment law (employee handbooks and contracts; severance agreements; employer policies and procedures; non-compete/non-solicit and confidentiality agreements; intellectual property protection issues), mergers and acquisitions (stock and asset transactions), general corporate law (choice of entity and entity formation; shareholder and partnership agreements; general corporate advice) and non-profit law (including the assistance of charitable entitles in obtaining 501(c)(3) tax exempt status).

Eadaoin serves on the Boards of the Human Resources Management Group at the Gwinnett Co. Chamber of Commerce, the Rotary Club of Oconee County and the Oconee County Arts Foundation (OCAF).  Born in Ireland, she is a passionate member of Atlanta’s Irish community and of Atlanta’s Irish Chamber of Commerce.

Congratulations to Matt Reeves for Inclusion in the Leadership Gwinnett Class of 2014!   Leave a comment

Congratulationsmatt-reeves to Matt Reeves for being chosen to be part of the 29th Class of Leadership Gwinnett!

Matt will soon join the number of attorneys at ATC that have graduated from the Leadership Gwinnett program over the years, with the skills to educate, equip, and engage in the community.  Those attorneys include: Ethel Andersen, Tom Tate, Brad Carr, Kathleen Guy, Scott Duncan, Jim Joedecke, Pat McDonough, Don Swift, Brian Carmony and, most recently, Amy Bray.

With a strong history of creating a legacy of success in Gwinnett and metro Atlanta, the 29th class of Leadership Gwinnett is set to begin in August 2013 to drive positive change in the region. From the nearly 350 nominations received for the nine-month experience, Leadership Gwinnett alumni selected the final group of 42 based on work experience, accomplishments, community involvement, education and other information from their individual applications.  The program year is comprised of two overnight retreats, seven learning days covering leadership in a world class community, infrastructure, economics, education, health & human services, justice and regional relations, as well as monthly study groups and other activities.

Posted June 5, 2013 by Amy Bray in In the News

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Join us for the GLQC 2013 Small Business Week Awards Luncheon

glqc_logo

Andersen, Tate & Carr is a proud to be a sponsor for the Georgia Lenders Quality Circle

2013 Small Business Week Awards Luncheon

Thursday, May 23, 2013

11:30 – 2 pm

Villa Christina

400 Summit Boulevard

Atlanta, Georgia

Prescription Drugs in the Workplace – Employee Privacy, Safety and the ADA   2 comments

Eadaoin WallerHere are some scenarios that we hear about frequently: “I know my employee is taking prescription pain medication (after his surgery/because of a rumor I’ve heard/because he told me he was). I’m concerned about his performance/attendance/ability to drive a company vehicle or operate machinery”. This scenario leads to these questions: “Can we test him for prescription drugs?” “Can we require him to stop taking prescription meds that interfere with his job or present a threat to the company or its employees?” “Can we terminate him for poor performance/attendance, even though we know that it is a result of his medication?”
This is a really sticky area of the law. There is an employer movement towards testing for certain prescription drugs that have workplace safety implications (painkiller narcotics being the primary example), most notably amongst employers with high rates of on-the-job injuries. EEOC v. Dura Automotive Systems, an important case on this topic, was settled in September 2012, with Dura Automotive agreeing to pay $750,000 as a penalty for its blanket testing and termination of auto workers taking certain prescription medicines. The outcome indicates, however, that prescription drug testing is permitted in limited circumstances. Across-the-board testing for prescription drugs is not permitted, but testing for certain prescription drugs is permitted in positions where those drugs may impact safety. Even for safety-sensitive positions, employers should not have blanket rules prohibiting employees from using certain prescription medications (even for safety reasons). Each individual’s circumstances and performance should be assessed in light of the Americans with Disabilities Act, and employers should avoid making assumptions about any prescription medication.
Talk to an employment lawyer before implementing a substance abuse policy or testing program which involves prescription drugs, and before taking any employment action involving a prescription drug issue. With careful handling, you can address legitimate safety and performance issues while avoiding the fate of Dura Automotive.

Do you want to use this blog article?

You may, as long as you include this complete bio with it:

Eadaoin Waller is a Georgia attorney, focusing her practice in corporate law.

Her firm, Andersen, Tate & Carr, P.C., works with all manner of clients in business and personal matters, providing “big firm” sophistication with suburban law firm attention and service.

Website: www.atclawfirm.com

Blog: www.andersentatecarr.wordpress.com

 Copyright © 2013 Eadaoin Waller & Andersen, Tate & Carr, P.C.

ATC Celebrates its 25th Anniversary!

1682474_1Today marks the 25th anniversary of Andersen, Tate & Carr, P.C.

Originally founded as Thomas J. Andersen, P.C. in March of 1988 the firm has grown and evolved over the years, increasing in specialization while always maintaining a high standard of professionalism and work product. Tom, Ethel Andersen, and Terri Tesler (Tom’s paralegal) can all boast of having been here from the start, with Tom Tate joining after the first months of the firm’s existence.

For more on the firm, please visit our website at http://www.atclawfirm.com/.

Posted March 1, 2013 by Amy Bray in In the News

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Employment Law 101 – For Georgia Businesses

Eadaoin WallerA client with a new software business approached us recently for some general employment advice. With a startup company, he didn’t have the benefit of a human resources professional, or even a personal assistant, to tell him what need to be filed or registered in the event of a new hire or an employee termination, or any of the myriad ways he needed to manage his employees in order to be in compliance with state and federal law.
As we started to describe basic Fair Labor Standards Act Compliance, the need for Workers’ Compensation coverage and the number of employees a company needs to have before worrying about harassment and discrimination policies, he interrupted. “Do you have a checklist with all of this stuff in one place? I’m a scientist, a list guy. I need to see it all written down.” We didn’t, and we still don’t have a comprehensive list of all the possible issues that will face every employer. However, in an attempt to give this client a “basics” guide to the things he needs to think about as a new employer, we prepared this. It’s a pretty good starting point for employment compliance for small (fewer than 15 employees) businesses.

1. Correct Classification.
a. Is a worker an independent contractor or an employee? (generally speaking, if you set the schedule, provide the tools/materials, provide training and oversight/control, and the person works solely or primarily for you, he/she is an employee)
b. Is the employee exempt or non-exempt from overtime/minimum wage requirements of the FLSA? (assume non-exempt unless the employee is paid in excess of $100k or has very autonomous/creative management or executive role – always seek legal advice where there is doubt)
i. For both exempt and non-exempt employees, understand the law on deductions from paychecks (deductions for lost property, uniforms etc can be problematic);
ii. For non-exempt employees, understand the overtime rules (which can be infinitely more complex than they look)
2. New Employer Checklist
a. Complete DOL form 1-A (to establish company as an employer for payment of unemployment insurance)
b. Obtain Workers Comp (for 3+ employees)
c. Have Employee Manual and Employee Covenant Agreements (confidentiality, non-solicitation and non-competition provisions) prepared
d. If you’ll use independent contractors, have a master form of Independent Contractor Agreement prepared (key provisions are work-for-hire and non-solicitation/non-competition; responsibility for payroll taxes)
3. New Hire Checklist.
a. Background check/reference check
b. I9
c. W-4 and G-4
d. Mandatory new hire reporting (http://newhire-reporting.com/GA-Newhire)
e. Signed Employee Covenant Agreement (or Independent Contractor Agreement)
f. Signed acceptance of Employee Manual
g. Completion of benefits paperwork (if any)
4. Termination
a. Have business-related reasons for termination documented (a written disciplinary history is ideal)
b. Provide employee with Separation Notice (including a truthful reason for termination)
c. If employee is troublesome or may have a claim against the company, consider paying a small severance in order to obtain release of claims (always consult with counsel)

Do you want to use this blog article?

You may, as long as you include this complete bio with it:

 Eadaoin Waller is a Georgia attorney, focusing her practice in corporate law.

Her firm, Andersen, Tate & Carr, P.C., works with all manner of clients in business and personal matters, providing “big firm” sophistication with suburban law firm attention and service.

Website: www.atclawfirm.com

Blog: www.andersentatecarr.wordpress.com

 Copyright © 2013 Eadaoin Waller & Andersen, Tate & Carr, P.C.

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