JF Beasley LLC provides over 30 years of experience in the specialty of labor and employment law for alternative dispute resolution in the form of mediation services.
John Beasley, the firm’s founder, has more than 30 years of experience in a legal practice that has been focused on employment law and civil rights litigation and trial work. This includes trials of cases under some of the most challenging employment, civil rights, and commercial laws, including the Americans with Disabilities Act, Title VII of the Civil Rights Act of 1964, the Fair Labor Standards Act, the Sarbanes Oxley Act, the Family and Medical Leave Act, state and federal racketeering statutes, and federal securities laws.
Mediation of employment disputes and other litigation matters requires a mediator with experience in the law and in the unique aspects of representing employers and employees in often emotional, complicated, and life changing events that can affect careers as well as the direction of corporate activities long into the future. John Beasley brings just this type of experience to the mediation services he offers.
If you are looking to avoid protracted litigation and take personal control over the outcome of your dispute – avoiding having it decided by third parties, mediation with a seasoned litigator and expert in the field is the way to go and we ask that you consider us for your case and look to the other legal services provided by JF Beasley LLC.
The firm’s managing attorney, John Beasley, offers private mediation and arbitration services through the Alternative Dispute Resolution firm of JordanADR. JordanADR is a firm that is committed to resolving civil legal disputes throughout the State of Georgia by facilitating mediation services through a team of individual mediators with particularized legal expertise.
If you are involved in an employment case that could benefit from mediation and desire the knowledge and experience Mr. Beasley can bring to the table as a certified mediator, his calendar, terms, and the procedures for handling mediation can be accessed here:
Although employment litigation and the retention of an employment attorney to take your case into the court system can, at times, become necessary and even unavoidable, it should rarely if ever be the first course of action. Litigation is costly, emotionally draining, time consuming, and subject to extreme risk for all parties. Avoiding litigation through proper advice and counsel and/or mediation services is a better alternative and can work to the benefit of all parties. JF Beasley LLC offers these services with a solution-based mission designed to avoid the worst of litigation, obtain compliance with the law, and maintain respect for both an individual employee’s civil rights as well as the legitimate business needs and concerns of employers.
In Georgia, employment is almost always at the will of the parties. Employment at will means that an employer can terminate an employee’s employment for any reason or no reason, and likewise an employee can leave a job whenever the employee wishes. However, there are exceptions to this general rule defined by a multitude of mostly federal laws called statutes. An employer cannot violate these statutes under the guise of regulating the terms and conditions of employment or in disciplining employees up to and including termination. This includes actions taken in retaliation for exercising protected rights. In addition, if you are fortunate enough to have an employment contract, an employer must honor that contract’s terms.Employment Discrimination
Federal law and some state laws prohibit discrimination on the basis of certain protected characteristics. Georgia is a state that has limited employment rights, requiring an attorney or mediator with an in-depth knowledge of both federal and state law. A qualified mediator understands the law and the violations if any, including the potential remedies available and the adverse consequences of failed litigation. Some Federal anti-discrimination laws include Title VII of the Civil Rights Act of 1964 (Title VII), the Americans with Disabilities Act (ADA), the Age Discrimination in Employment Act (ADEA), the Equal Pay Act (EPA), and the Civil Rights Act of 1866. If you work for a local or state government employer, there other important statutes and constitutional protections that come into play. JF Beasley, LLC, offers expertise in all of these areas, both in its mediation service and in any representation we may undertake.Sexual Harassment
Sexual harassment is a form of sex discrimination that is prohibited under federal law. Sexual harassment can include unwelcome comments, touching, groping, jokes, memes, visuals, and sexual assault. There are two types of sexual harassment: quid pro quo and hostile work environment sexual harassment. Quid pro quo sexual harassment happens if an employee experiences a tangible, adverse employment action based on the failure to submit to sexual advances or demands. Hostile work environment sexual harassment occurs if the harassment is so severe or pervasive that it alters the terms and conditions of employment to such an extent that it creates an intimidating, hostile or offensive work environment. Determining whether such a claim exists and the defenses a company might have to any actual or potential claim, is critical for understanding and assisting parties in resolving any dispute over such claims. Mr. Beasley has decades of experience representing employees in such claims and defending against these claims – valuable and necessary experience for helping parties resolve their disputes and for advising clients on potential claims.Disability
The ADA, a federal statute, prohibits discrimination against people with disabilities who work for an employer that has at least 15 employees. An employer cannot discriminate against an employee regarding any term, condition, or privilege of employment if they are a qualified individual with a disability. Disabilities under the ADA are physical or mental impairments that substantially limit persons in one or more major life activities, including bodily functions. An employee is also protected under the ADA if they are perceived as having a disability even if they do not. Under the ADA, an employer is required to make a reasonable accommodation for an employee with a disability, unless it would present an undue hardship. Mr. Beasley has spent years handling employment matters involving the ADA and brings that experience to the table for the benefit of parties in his mediation practice. In terms of advice and counsel, Mr. Beasley is regularly consulted on potential discrimination and accommodation issues surrounding the ADA.Wage and Hour / Overtime
All employers are required to abide by minimum wage and overtime laws for employees that are covered by the Fair Labor Standards Act (FLSA). The FLSA ensures that employees receive a minimum wage and that most hourly workers are paid time and a half for all hours worked over 40 in a single work week. Tipped employees are also covered under wage and hour laws, but, subject to very specific requirements, their employers are allowed a tip credit that lowers the mandatory minimum wage. The FLSA is an extremely complicated statute with many exceptions and qualifications. Mr. Beasley has years of experience representing mostly employees in individual and collective actions under the FLSA but also experience in mediating these complicated cases for parties in both individual and collective actions. If you are involved in a dispute concerning such matters, Mr Beasley is available as an experienced mediator who can assist in bringing the case to resolution.Military Leave
Federal and Georgia laws protect the employment status of people working in the armed forces. The federal Uniformed Services Employment and Reemployment Rights Act (USERRA) protects service members from discrimination regarding any benefit of employment if the discrimination arises out of their past, present, or future military service. Benefits of employment include, among other things, the right to military leave and to return to a position that is the same or substantially similar with the same benefits and pay. Cases involving USERRA are complex and can benefit from a mediator that has had experience handling these cases. Mr. Beasley has had numerous cases involving USERRA matters and has published articles on its application in the employment context. This experience is invaluable to parties in disputes over military leave.Severance Negotiations
When an employee is terminated from a job, an employer may but is not required to offer severance. When an employer does so, it is either the result of a severance plan that has been put in place to cover reductions in force or it is an individualized decision based on the employer’s desire to “buy their peace” and avoid the possibility of any employment disputes. In either case, the severance offer will almost invariably be presented in exchange for a waiver of certain important rights, such as the right to sue for discrimination. The severance amount varies dramatically depending on the employer and the purpose for which it is offered. Also, severance is paid in various ways with the most common being either a lump sum payment or periodically in the same manner as payroll. Under federal law, employees who are asked to release claims of age discrimination must be given 21 days (45 days if the termination is the result of a reduction in force) to consider signing any such release. This law is called the Older Workers Benefit Protection Act and it also requires eligible employees to be given a 7-day revocation period in which they can change their mind about accepting the payment and releasing their claims. With any offer of severance, it is advisable that both the offer and the circumstances surrounding the offer be discussed with an attorney experienced in handling such matters and who is knowledgeable in employment law. In addition to mediation services, Mr. Beasley offers his experience in the filed of labor and employment law to assist individuals in understanding their rights and competently responding to such offers. If you have received a severance offer and need legal expertise, consider the services contacting JF Beasley, LLC to assist you in evaluating the offer and in the exit process.EEOC Representation
The Equal Employment Opportunity Commission (EEOC) is the federal agency tasked with administering and enforcing certain federal anti-discrimination laws, including Title VII, the ADA, the Equal Pay Act (EPA), the Genetic Information Non-discrimination Act (GINA), and the Age Discrimination in Employment Act (ADEA). An employee cannot bring a lawsuit under most of these federal anti-discrimination laws without first filing a charge of discrimination with the EEOC. The EEOC is authorized to investigate charges of discrimination against employers. It also provides mediation services for parties that are interested in trying to resolve their claims before litigation. If the EEOC finds a violation, it may try to reach a voluntary settlement with the employer or determine whether to pursue a lawsuit itself. If the EEOC chooses not to pursue the matter, the agency will issue a notice of right to sue that entitles the charging party to file a lawsuit against their employer and try to prove their case in court. While the EEOC offers its own mediation services, a private mediatory like Mr. Beasley, can often provide more comprehensive mediation services that allow for a more thorough discussion of the case without constraints on location, time, or issues involved in the case.Retaliation
Many employees are fearful that if they complain about discrimination or harassment, they will be terminated or face some other punishment from their employers. Many employers are afraid that if they discipline an employee they will be immediately accused of retaliation for matters unrelated to performance. Federal and some state anti-discrimination laws prohibit retaliation for engaging in certain protected activities, such as complaining of discrimination. Retaliation is any adverse action taken by an employer in response to an employee who opposes discriminatory conduct. If retaliation occurs, employees often raise separate retaliation claims in addition to any discrimination claims. Careful attention to the facts and the law is necessary in order to properly understand the potential for liability in a case of discrimination or retaliation. For instance, in deciding whether an employer’s action was retaliatory, courts examine whether the behavior was severe enough to discourage a reasonable employee from making or supporting a claim of discrimination and whether there was a causal relationship to the employee’s involvement in a protected activity. This is often a difficult legal analysis and one that – in mediation – will benefit from a mediator who is experienced in evaluating and litigating retaliation claims.Whistleblowing
Federal and state whistleblower laws have been put in place to protect employees who learn about unlawful or unethical conduct at their jobs and call it to the attention of the authorities, and some of these laws incentivize whistleblowing. Under Georgia’s Whistleblower Protection Act, a public employer cannot retaliate against a public employee for complaining about a violation of or non-compliance with any law, rule, or regulation. There are many other whistleblower laws that can protect employees and, in some cases, entitle them to a percentage of recovery. Whistleblowing activity is often a core issue in employment disputes and resolution of those disputes benefits from attorneys, like Mr. Beasley, who are experienced in handling these claims.Wrongful Termination
In an employment at-will State like Georgia, it is often difficult to distinguish between a termination that is simply wrongful and a termination that is wrongful but also illegal and, therefore, actionable. When certain employment laws are violated, a wrongful termination may occur. For example, if an employer terminates an employee because of their sex, they may have a claim for wrongful termination under Title VII. Similarly, if an employee’s employment contract includes a provision that they not be terminated without just cause or within a certain time frame, and their employer violates that provision, the employee may be able to sue for any damage that has occurred. Georgia law also protects employees from third-party interference with their job when the interference is malicious, not subject to some privilege, and results in job loss and financial harm. A skilled mediator of employment disputes understands this legal landscape and can bring that understanding to the table in assisting parties with a resolution of any alleged wrongful termination claims.Consider Mr. Beasley as Mediator for Your Employment Dispute
John Beasley is a certified and experienced mediator for employment and labor law matters in particular. With decades of experience handling these claims both in litigation and at trial, Mr. Beasley can offer invaluable expertise to help parties arrive and a right and lasting resolution to their disputes and one that is of their own making and not a product of court intervention. JF Beasley LLC offers experience that can provide a path forward for individuals and businesses confronted with disputes over violations of state and federal labor and employment law.
JF Beasley, LLC is a litigation alternative resource. If you and the other parties to your dispute – whether it is pre-litigation, currently before the EEOC, or in active litigation, consider letting attorney John Beasley provide assistance in resolving your dispute. Mr. Beasley can be contacted directly or through the affiliated ADR firm of JordanADR. To contact us directly, please use our contact information form. Otherwise, you may go to www.JordanADR.com to request our mediation services.