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Kirby G. Smith

Kirby G. Smith

  • Employment Law, Social Security Disability, Workers' Compensation...
  • Georgia
Claimed Lawyer ProfileQ&ASocial Media

Mr. Kirby G. Smith is the Founding Partner of the Kirby G. Smith Law Firm. Mr. Smith’s passion to work in the employment law field began before he even attended law school, working as an office manager and legal assistant for an employment firm. Over the years, Mr. Smith has accumulated substantial legal experience in the employment field, working for employment law firms for many years. Mr. Smith has seen the inner-workings of many different types of employers, as his past work experience has taken him through both the federal government’s Department of Housing and Urban Development and the United States Air Force in Warner Robins, GA. He now takes all his experience as an employment lawyer and provides it at prices all employees can afford. Mr. Smith has taken employment law cases going before both the United States District Court and the United States Court of Appeals. Additionally, he has tried cases before the Equal Employment Opportunity Commission (EEOC), the Merit Systems Protection Board (MSPB), the Office of Special Counsel (OSC), and the Inspector General’s Office. Mr. Smith was born and raised in Conyers, Georgia, and currently resides in Atlanta, Georgia. He is an avid runner and gets in as much football-watching as his weekends permit.

Practice Areas
  • Employment Law
  • Social Security Disability
  • Workers' Compensation
  • Business Law
  • Free Consultation
  • Credit Cards Accepted
  • Contingent Fees
Jurisdictions Admitted to Practice
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Federal Circuit
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  • English: Spoken, Written
Mercer University Walter F. George School of Law
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Professional Associations
State Bar of Georgia # 250119
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American Bar Association
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Atlanta Bar Association
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DeKalb Bar Association
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Websites & Blogs
The Kirby G. Smith Law Firm
Legal Answers
11 Questions Answered

Q. Can I request to see the judge concerning my workman comp case?
A: This is a question you should ask your attorney.
Q. can my employee make me pay money back because they say i was overpaid on raise that is 8 months old?
A: I'm assuming by "employee" you mean "employer." Yes, this is generally allowable unless their reasoning for doing it is discriminatory or retaliatory.
Q. Is it lawful for your employer to tell you how to claim during the year (how many dependents or exempt etc)???
A: Generally, no - that's between you and the IRS. However, it's such an odd request that there may be something else going on here. I would recommend contacting an attorney to see what can be done.
Q. My attorney requested a deposition for my work comp case. Should they have requested mediation instead of a deposition?
A: You should ask your attorney these questions, and do not hesitate to ask "why" - why is this decision being made, why is this process not being used, etc. Your attorney will likely be able to set your mind at east. If you are not satisfied with the answer, then you should contact another attorney for a possible second opinion.
Q. I fell at work landed on knee. I was sent to a Dr who put me into a immobiler for too long. Therapist says I need surger
A: Ask your employer for a list of approved doctors for their plan. In most cases, you have the ability to switch between the doctors on this list. If your employer will not allow you to switch between doctors on their approved physicians list, then contact an attorney to discuss further options.
Q. I have had several injuries in state of ga. I had an attorney who supposedly was representing me for the first injuries
A: Contact the attorney you worked with previously to obtain a copy of your client file. You should be able to see from there when/if your previous attorney filed a claim on your behalf. If they did, then you can contact an attorney to explain your potential options to you.
Q. Am self-employed&have on the job injury.What avenues do I have (if any) for Worker's Comp benefits or short disability?
A: Generally speaking, if you are self-employed, you are considered an "employer" and not an "employee." However, if you have insurance and informed your insurance provider that you wanted to be covered as an employee, you may have options available to you.
Q. Can an employer demand I refrain from attending extracurricular activities because certain parents were bothered?
A: From an employment standpoint, yes, unless that activity has something to do with your race, color, religion, sex (including pregnancy), national origin, age (40 or older), disability, or genetic information. In that case, you would want to contact an employment attorney to discuss the issue further. You may also want to contact a constitutional law attorney who can discuss potential free speech issues with you.
Q. can an employer make you be on call without pay
A: If you are working while on call, then in most circumstances, no. If you are not working while on call, then the answer shifts to a maybe. The Department of Labor actually issued a policy letter that went over some of the factors that will be considered when determining whether you should be paid while being on call: "Under 29 C.F.R. § 785.17, ‘[a]n employee who is required to remain on call on the employer’s premises or so close thereto that he cannot use the time effectively for his own purposes is working while “on call.” An employee who is not required to remain on the employer’s premises but is merely required to leave word at his home or with company officials where he may be reached is not working while on call." If you think you may fall into this definition, then contact an employment attorney to discuss your rights.
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Contact & Map
4488 North Shallowford Road
Suite 105
Atlanta, GA 30338
Toll-Free: (844) 454-7529