Overview

John Bennett is a Partner in Freeman Mathis & Gary’s Atlanta office. Mr. Bennett represents both private businesses and local governments in employment and complex litigation matters, ranging from cases brought by individuals to high-exposure class and collective actions. He is the current Chair of the firm’s Labor and Employment Law national practice section as well as the Chair of the firm’s Restrictive Covenants interdisciplinary team.

Mr. Bennett’s Labor and Employment law practice focuses on representing clients in litigation and providing day-to-day counseling regarding federal and state employment laws, including Title VII, the Americans with Disabilities Act, the Age Discrimination in Employment Act, the Family and Medical Leave Act, the Fair Labor Standards Act, and various other federal, state and local employment laws. He has represented a wide array of employers ranging from governmental entities, publicly traded corporations, private and closely-held businesses, technology and start-up companies, franchisees and non-profits. He has particular expertise in representing local governments, including cities, counties, sheriffs, school districts and other governmental bodies in employment and housing discrimination disputes, as well as constitutional claims. He also regularly advises employers regarding various aspects of employment law (including non-competition and trade secret matters); assists employers in designing and implementing personnel policies and procedures, employee handbooks, employment agreements (including non-competition agreements) and employment dispute resolution programs; and provides day-to-day advice on a wide range of personnel-related matters. He also designs and conducts management and employee training programs in a variety of areas, including workplace harassment, conducting internal investigations, EEO/whistleblower protection and record retention.

In addition, Mr. Bennett has extensive experience in representing clients in Fair Housing claims and in commercial litigation disputes, with a particular focus on non-competition litigation. In connection with his Fair Housing practice, he has been retained to litigate FHA and state fair housing agency charges in over 20 different states, as well as to defend property owners in alleged “racial steering” class-based lawsuits brought by the federal Department of Justice. His experience in high-stakes commercial litigation is also vast. His experience includes litigating all types of business disputes, fraud and conspiracy claims, shareholder derivative actions, state and federal RICO cases, restrictive covenant and intellectual property disputes and various other business tort claims. He is frequently asked to represent clients, which have included corporations, physicians, C-Suite executives and various other professionals, in connection with non-compete disputes. 

When not practicing law, Mr. Bennett enjoys spending time with his twin daughters, Kate and Sophie and his golden retriever, Baxter. He is an avid reader and also enjoys watching sports, especially his beloved Georgia Bulldogs, Atlanta Braves and Atlanta Falcons.

Bar Admissions

Eleventh Circuit Court of Appeals

Georgia Court of Appeals

Georgia State and Superior Courts

Supreme Court of Georgia

U.S. District Courts for the Northern, Middle and Southern Districts of Georgia

Representative Cases & Clients

  • Dixon v. Clayton County Board of Health, et al., 2024 WL 1009523 (N.D. Ga. Jan. 31, 2024) (dismissing claims against county client for alleged FMLA violations based on court’s finding that plaintiff failed to properly allege a joint employment theory)
  • Goolsby v. City of Monroe, 2023 WL 5672509 (M.D. Ga. Sept. 1, 2023) (granting motion to dismiss Title VII disparate impact and hostile work environment claims, as well as equal protection and civil conspiracy claims asserted against a municipal client and two individual defendants)
  • Van Cleave v. University of the South, 2022 WL 2115304 (M.D. Tenn. June 13, 2022) (granting motion to transfer venue in Title VII and Section 1981 retaliation claim)
  • Owens v. Propes, 2022 WL 1109431 (M.D. Ga. Apr. 13, 2022) (granting motion to dismiss employment claims filed under the First Amendment, Stored Communications Act, Fourth Amendment, and for invasion of privacy)
  • Davis v. B&B Inc., 2021 U.S. Dist. LEXIS 147495 (M.D. Ga. Aug. 6, 2021) (dismissing race discrimination lawsuit by former employee against restaurant employer)
  • Loiseau v. Thompson, O’Brien, Kemp & Nasuti, P.C., 2020 U.S. Dist. LEXIS 228368 (N.D. Ga. Nov. 9, 2020) (granting summary judgment to employer in alleged off-the-clock FLSA overtime case)
  • Gatto v. City of Statesboro, 843 S.E.2d 623 (Ga. Ct. App. Oct. 21, 2019) (affirming grant of summary judgment to the municipality pursuant to the doctrine of sovereign immunity)
  • Hunter v. Will et al., 833 S.E.2d 128 (Ga. Ct. App. Sept. 9, 2019) (affirming trial court’s grant of motion to dismiss “complex and convoluted” case against county ethics board based on appellant’s failure to timely obtain hearing transcript necessary for appeal).
  • Raybon et al. v. CNH Industrial America, LLC et al., 2017 WL 10403452 (N.D. Ga. June 29, 2017) (granting motion to remand action removed based on alleged fraudulent joinder of non-diverse defendant).
  • Norris v. O’Connor et al., 2017 Wl 924475 (M.D. Ga. Mar. 8, 2017) (granting motion to dismiss race discrimination claims asserted against a law firm under Title VII and Section 1981).
  • Triad Construction Co., Inc. v. Robert Half Int’l, Inc., 679 Fed. Appx. 748 (11th Cir. 2017) (affirming grant of summary judgment in complex negligent hire and retention matter based on failure to comply with pre-suit notice requirement set forth in underlying contract).
  • Futrell v. Southeastrans, Inc., No. 1:20-cv-04674-WMR-RDC, 2021 U.S. Dist. LEXIS 117597 (N.D. Ga. Apr. 1, 2021) (granting motion to dismiss intentional infliction of emotional distress and negligent hire, supervision, and retention claims asserted against employer by former employee).
  • Davis v. B&B Inc., 2021 U.S. Dist. LEXIS 147495 (M.D. Ga. Aug. 6, 2021) (denying motion to proceed without paying filing fee in race discrimination case)
  • Millspaugh v. Cobb County, 2021 U.S. Dist. LEXIS 251431 (N.D. Ga. Dec. 16, 2021) (granting summary judgment to employer on claims of First Amendment retaliation and Georgia Whistleblower Act retaliation).

Affiliations

  • Georgia Bar Association
  • Lawyers of Distinction

Awards & Recognition

  • The Best Lawyers in America, Best Lawyers, 2023–2026
  • The Best Lawyers in America in the field of Employment Law – Management, Best Lawyers®, 2021
  • Georgia Super Lawyers Rising Star, Super Lawyers
  • Legal Elite, Georgia Trend Magazine
  • Charter Member, Lawyers of Distinction
  • Best Lawyers, U.S. Business News

Education

J.D. (cum laude)
University of Georgia School of Law

B.A.
University of Georgia