J. Mason Wymer
Mason focuses on providing counsel to corporate clients regarding labor and employment law. He provides guidance on a wide variety of issues, and defends clients in lawsuits and administrative proceedings alleging violations of the Fair Labor Standards Act, unlawful discrimination and/or retaliation in violation of Title VII, the Americans with Disabilities Act, and the Age Discrimination in Employment Act. Prior to joining Elarbee Thompson, Mason worked for a Fortune 50 retailer in the Atlanta area. Mason provided day to day guidance to regarding general labor/employment matters and assisted in defending the employer in various civil/administrative proceedings around the country.
- Worked frequently with employers and employees on a wide variety of labor and employment law issues; drafted and revised employee handbooks, employee contracts and separation agreements; successfully second-chaired suit against employer alleging breach of employment contract and compensation plan; frequently drafted EEOC position statements; successfully settled FLSA/Wage and Hour claim on behalf of employer; assisted in enforcement of restrictive covenant provisions; defended and successfully settled ADA/Accommodation demand
- Represented steel erection subcontractor in litigation against large international general contractor for delay and interference claims related to multi-million dollar project for the U.S. Army Corps of Engineers; maintained almost daily contact with President and CEO of company; tried five bench trials in state and superior courts around Atlanta on behalf of contractor for alleged breach of contract and complaints on account
- Twice successfully sued sureties on behalf of subcontractor for amounts due related to large public and private projects
- Successfully tried two day jury trial in Fulton County involving breach of contract and fraud claims stemming from business divorce; received full jury verdict for client including full award of attorney’s fees; drafted jury charges, successful motion to compel discovery and won attorney’s fees, responded to and drafted discovery; drafted bankruptcy adversary complaint against one of defendants; first-chaired bankruptcy adversary pre-trial hearing and drafted pre-trial order; ultimately settled case favorably on eve of adversary trial
- Tried over 10 bench trials in magistrate courts around the state on collection actions for outdoor advertising company
- First-chaired one-day wrongful eviction and conversion trial, gave opening statement, direct and cross examination, argued motions, prepared witnesses, responded to discovery etc.
- Second-chaired two-day out of state arbitration relating to restaurant’s claims against credit card processing company and wrongful charges for alleged breach of cyber security
- Successfully settled case involving real estate developers being sued on personal guaranty related to large multi-use property
- Defended subcontractor in relation to Atlanta Botanical Gardens Canopy Walk collapse
- Reached settlements for multitude of owners related to mechanic’s and materialman’s liens on real property
- Assisted in preparation of expert witness report regarding potential director and officer liability relating to general counsel of national insurance company
Mason has a long history of experience dealing with general litigation matters. He has previously handled cases involving construction claims, government contracts and compliance, business disputes, False Claims Act/whistleblower actions, insurance/surety disputes, breach of contract and negligence.