Kimberly N. Martin

Kimberly Martin obtained the second highest jury verdict of the year in a sexual harassment/retaliation case by passionately fighting for her client. As a employment and overtime litigator in Atlanta, Georgia Kimberly has over 20 years of experience in employment and wage & hour laws. She has worked at several large national and international law firms prior to founding Martin & Martin. In 2007, she and her partner, Tom Martin, founded Martin & Martin to represent employees and a select number of small businesses in all aspects of corporate, employment, overtime, and wage & hour laws.

Kimberly is a trial attorney who unapologetically passionately fights on behalf of employees. She represents employees in matters involving unpaid wages & overtime, discrimination on the basis of age, disability, race, religion, sex, and pregnancy, as well as retaliation, arbitration, litigation, mediation, EEOC Charges, DOL investigations, and the FMLA. She also defends employees in matters involving restrictive covenants and trade secrets. She limits the number of cases she takes so her clients are not part of a "litigation mill."

Based on her prior experience in representing large corporations in litigation and day-to-day employment law matters, Kimberly also represents a select number of small businesses offering them very reasonably hourly rates and monthly retainer fees. She understands the sacrifices that small business owners make to run their businesses and she is honored to help protect them from legal claims and fight for them when a legal matter arises. She represents small businesses in a myriad of corporate, employment, and wage & hour matters, including contracts, restrictive covenants, company policies, EEOC Charges, DOL investigations, litigation, mediation, and arbitration. She is proud to provide her clients with excellent legal counsel while also ensuring that her attorney's fees are always reasonable.

Employment Law

Employment Contracts, Employment Discrimination, Overtime & Unpaid Wages, Sexual Harassment, Whistleblower, Wrongful Termination

Civil Rights

Americans with Disabilities Act (ADA), Discrimination, Employment

Business Law

Business Contracts, Business Litigation

• Overtime Wages Tip Pool Misclassification for Overtime Independent Contractors

• Free Consultation

Georgia

Since 1996

11th Circuit

U.S District Court Northern District of Georgia

U.S. District Court Middle District of Georgia

Partner

Martin & Martin, LLP

2007 - Current

Kimberly obtained the second highest sexual harassment jury verdict of the year in Georgia by passionately fighting for her client. At Martin & Martin, Kimberly represents employees and a select number of small employers in all aspects of employment law, including, overtime, misclassification of employees, exempt vs. nonexempt status, tip pool violations, independent contractor status, disability discrimination, FMLA violations, age discrimination, sexual harassment and retaliation.

Large Global Law Firms

1997 - 2007

Represented employers in all aspects of employment law at several global law firms prior to forming Martin & Martin in 2007.

University of Florida Levin College of Law

J.D. (1996) | Law

1994 - 1996

Honors: Graduated with Honors Book Award for highest grade in Employment Law

University of Florida

B.A. (1992) | History

Second Highest Sexual Harassment Jury Verdict in Georgia for 2016

Trial Attorney's Jury Awards

2016

Q. I got fired cuz I had a Dr's note not to work

September 8, 2022

A: I'm sorry that you were terminated for turning in a doctor's note. Under the American's with Disabilities Act, an employer cannot terminate an employee on the basis of a disability or because they perceive the employee as having a disability. If an employee has a disability under the ADA, it may be a reasonable accomodation to permit them to take time off from work, go to doctor's appointments, etc. Additionally, under the Family with Medical Leave Act (FMLA), if an employee qualifies, they are entitled to take off up to 12 weeks per year for a serious medical condition. They can take time off intermittently meaning take a day or more off whenever they need to. They do not need to take the 12 weeks consecutively. The bottom-line is that it depends on what your medical condition is that required you to take off. A free consultation with an employment law attorney could be very beneficial to see if you qualify under the ADA or the FMLA.

Q. What is the law regarding a company demanding for the employees to attest to a vaccine? Is it legal to demand that info?

September 6, 2022

A: The cases involving whether employees are required to be vaccinated are evolving every day and depend on the type of work, reason for not getting the vaccine and whether the work is remote. I think a free consultation with a Georgia employment lawyer would be beneficial to you to discuss your situation. If you have not received the vaccine due to medical or religious reasons, your employer is required to provide you with a reasonable accommodation, if one exists. Working remotely is a reasonable accommodation. Therefore, speak with an employment lawyer about the specifics of your case to see if your situation falls within any legal protections. If it does, they can help you with how to discuss the matter with your employer.

Q. I'm needing to find more information on standard of conduct.

September 6, 2022

A: I think a free consultation with an employment lawyer may be beneficial for you. You do not provide enough information to provide a thorough response. If you have a disability or needed time off from work due to a serious health condition, you may want to speak with an attorney who can discuss that with you confidentially. The Americans with Disabilities Act protects workers with disabilities and the Family Medical Leave Act protects workers who need to take leave due to a serious health condition. Terminating an employee because of a disability or for taking leave, may be a violation of these laws.