About the firm
Attorney Handles Tough Employment Law Issues and Injunction Fights
Georgia law firm provides skilled advocacy for employment dispute resolution
The Dalziel Law Firm represents select employers and select employees in labor and employment matters, primarily in the area of non-compete, non-solicitation and non-disclosure agreements, trade secret claims and tortious interference claims. Attorney Charles M. Dalziel, Jr. has 37 years experience working on these types of cases, and a nearly unbeatable record of success in these matters.
Areas of practice
Knowledgeable lawyer handles wide-ranging labor and employment law matters
Attorney Charles M. Dalziel, Jr. has handled an enormous number of TRO/preliminary injunction hearings in recruiting cases, many in the financial services industry, but also for accountants, engineers, insurance brokers and agents, physicians,chiropractors, veterinarians, accountants, dentists and various types of salespeople. Georgia law regarding restrictive covenants changed by statute in 2011, and Dalziel Law Firm is on the leading edge in resolving cases under the new statute. Understand, however, that if your covenant was signed prior to May 11, 2011, it is subject to Georgia's prior common law, which in a high number of cases found particular covenants unconstitutionally restrictive under the pre-May 11, 2011 (effective date of constitutional amendment) Constitution of the State of Georgia. Simply put, you mat have a get out of jail free card in your pre- May 11,2011 contract, and Dalziel Law Firm has a long track record of freeing employees from all their post employment restrictions.
Having primarily represented employees for most of his practice, generally at the expense of the recruiting firm, Mr. Dalziel has recently begun to even out the balance of his covenant practice, and is now in some cases representing employers enforcing their agreements under the new, more employer-friendly law, as well as employees and other obligees of these agreements. Dalziel Law Firm's experience on the employee side of restrictive covenants is of great benefit to clients who want to enforce covenants. Dalziel Law Firm has a treasure trove of pleadings and motions and briefs filed by Mr. Dalziel and by many other attorneys in the small circle of restrictive covenant lawyers in the Atlanta area. Therefore, if your TRO case is really an emergency, no law firm can respond faster with effective advocacy on your behalf, sometimes even using opposing counsel's arguments in previous cases against them.
More important than all of the above, when a transition is planned, Mr. Dalziel is able to provide opinions as to the enforceability of the covenants at issue and methods of compliance with covenants. This transition planning has helped dozens of Mr. Dalziel's clients avoid suit altogether but still transfer their customer relationships.
Dalziel Law Firm has extensive experience in the trade secret and electronic discovery issues which arise in employee transition cases, as well. And, based on Mr. Dalziel's experience, he offers employers potential remedies even when the former employee did not have a contract. The Dalziel Law Firm has pursued successfully breach of fiduciary duty claims, conversion claims and trades secret claims on behalf of the former employer.
Dalziel Law Firm also has extensive experience in Title VII, Americans with Disabilities Act, Family Medical Leave Act and ERISA cases, again some in cases for employers, others in cases for employees. Some of these claims from the employer's perspective are insured, and Mr. Dalziel brings 39 years of insurance coverage experience to bear in favor of our insured employer clients. We have appeared on the panels of defense counsel for EPLI claims for various insurers at various times, as well performing insurance coverage work relating to EPLI claims. And if your company has been sued in an employment case, we can help you claim coverage under the EPLI policy, of course, but also creatively under other types of coverage.
Employment Law Focus Areas
- Employee Restrictive Covenants: Enforceability of employee restrictive covenants is strictly a matter of state law. We have litigated/arbitrated these cases in about 20 states and have nearly unparalleled experience in choice of law and forum selection clause issues. We are an asset whenever your case is pending. Mr. Dalziel maintains the law in all 50 states on these topics in his office.
- Federal Law Employment Claims: These may be covered by an EPLI policy. Employers should be represented by counsel who understand the favorable nature of federal employment law for employers. Employees should be represented by counsel who understand the playing field and the need potentially to pursue other claims or to pursue federal claims in an alternative forum.
- State Law Employment Claims: Often involve not a challenge to the adverse employment decision, but instead, an effort is made and claims are pursued to recover every dime of compensation the terminated employee earned prior to termination. In one case, although Dalziel Law Firm did not challenge the termination, the discharged plaintiff recovered $1.2 million of earned compensation not paid. For another terminated employee, we recovered $4.2 million for post termination defamation under state law, including $2.5 million in punitive damages, and $419,000 in attorneys' fees.
Contact an experienced Georgia attorney for labor and employment law support
To have your labor and employment law matter evaluated by an experienced Georgia attorney, please call Dalziel Law Firm at 404-735-0438 or contact me online
to schedule an appointment at my Marietta office.