Practice Areas & Industries: Baker, Donelson, Bearman, Caldwell & Berkowitz, PC

Practice/Industry Group Overview

Baker Donelson's Labor & Employment Litigation group is ranked as one of the top ten Employment Litigation firms in the nation by Employment Law 360 (2006). Our Group has developed extensive training programs for client supervisors and managers in order to facilitate the goal of litigation avoidance. In instances where litigation is unavoidable, the Firm has extensive experience in state and federal courts throughout the country, including the defense of state and federal claims of race, sex and age discrimination, wrongful discharge, wage and hour violations, safety and health violations, and various employment-related tort actions.

Representative Matters

• Won appellate victory for major commercial airline company in a sexual harassment case. A jury found that a former employee of the company had suffered harassment, but awarded only nominal damages. The plaintiff appealed, alleging failure to award substantial damages and back pay. An opinion was ultimately issued in our client's favor, denying the request for new trial or further relief.
• Won an ERISA/breach of contract case in the Sixth Circuit Court of Appeals for a physicians group after three years of litigation. The physicians group, sued by two physicians who resigned, lost legal proceedings in state court. Baker Donelson had not been involved in the state court trial but was brought in for the second round of litigation in which the ruling was in favor of our client. The plaintiffs appealed, Baker Donelson argued the case again and the court affirmed the trial court's judgment.
• Obtained favorable settlement for client who was the defendant in a sexual harassment case where the plaintiff also alleged wrongful discharge and intentional infliction of emotional distress. Settlement occurred after serving the plaintiff with a motion for partial summary judgment.
• Successfully defended insurance company in an employee benefit case in federal court. Employee contended that the company wrongfully denied his claim for an additional death benefit payable to covered employees who die in auto accidents even though they were wearing their seatbelts. The official police report stated that the individual was not wearing a seat belt but the plaintiff had the officer in charge of the report state there was a mistake and the individual had worn the seat belt. The district court was persuaded to disregard the officer's affidavit, enforce the terms of the policy as written and dismiss the case.
• Obtained summary judgment on behalf of client corporation in an action brought by former sales representative of one of the corporation's suppliers. Plaintiff alleged the corporation should be held vicariously liable for a corporation employee's affair with plaintiff's wife. Plaintiff alleged the employee had manipulated purchases of supplies from plaintiff in order to convince plaintiff's wife to carry out an extramarital affair with him. Plaintiff asserted his termination was a result of failed supply transactions with this employee because cheating spouse had broken off the affair. The court granted our motion for summary judgment and entered a final judgment in favor of our client.
• On issue of first impression, successfully appealed to federal court of appeals from award of ERISA penalties to wife and children of client's former employee based on failure to advise them of their COBRA rights.
• Successfully appealed to federal court of appeals from $500,000 judgment against hospital client based on changes in medical care benefits for retirees. Issues included preemption, vesting of benefits, estoppel, fiduciary duty and compensatory damages.
• Represented doctor against medical practice corporation in successful arbitration of $500,000 claim under employment and golden parachute contracts after termination of employment.
• Defended doctor in gender discrimination suit by former employee nurse and paramour and obtained favorable settlement, which prohibited re-employment.
• Defended four individual and three corporate real estate defendants in allegations arising under the Fair Housing Act, where former agent claimed discrimination in assignment of leads and termination of contract because she defended the rights of those claiming discrimination in housing. Trial resulted in a limited judgment only against defunct corporate defendant.
• Defended tobacco company in claim by Steamfitters Union on behalf of its members for health benefits paid as a result of smoking-related illnesses. Dismissal granted to client by Tennessee Court of Appeals on interlocutory appeal.
• Coordinated workers' compensation claims for two publicly traded companies with significant Memphis presence.
• Represented major waste management company in numerous successfully litigated matters before the NLRB brought by various Teamster locals against subsidiaries located in Minneapolis, Milwaukee, San Francisco and Oakland.
• Represented major Ohio newspaper in numerous unfair labor practice proceedings as well as in several arbitration proceedings.
• Obtained an injunction in Florida against a former employee who was disparaging the former employer.
• Represented midwestern steel fabricating company in defense of unfair labor practice matters filed against it by the Teamsters (all were dismissed). Also represented the same employer in charges it brought against the Teamsters that ultimately resulted in the NLRB successfully seeking enforcement of the NLRB's order against the Teamsters by the United States Court of Appeals for the Seventh Circuit.
• Defended major midwestern television station in unfair labor practice charges and back pay proceedings before the NLRB, and represented station during several arbitrations proceedings.
• Represented major waste management company in numerous matters, including:
• Defense of unfair labor practice charges brought against subsidiary in Minnesota by the NLRB, which were dismissed after litigation before an Administrative Law Judge (ALJ);
• Litigation of unfair labor practice charges brought against subsidiary by the NLRB in Milwaukee, Wisconsin, which settled during the course of litigation;
• Coordination of election campaign opposing the Teamsters who were petitioning to represent a unit of employees in Omaha, Nebraska;
• Coordination of election campaign opposing the International Union of Operating Engineers, which was petitioning to represent unit of employees at a facility near Los Angeles; and
• Coordination of election campaign opposing the Teamsters at a facility in Kentucky, plus representation during a post-election objections hearing involving the same subsidiary.
• Advised and counseled various employer members of joint ventures attendant to transactions raising labor law issues arising from asset purchases of unionized facilities, including issues of successorship, single employer status, joint employer status, alter ego status, issues of accretion and I-9 compliance.
• Defended two nationwide restaurant chains in three wage and hour class actions that included over 21,000 class plaintiffs. The class plaintiffs alleged in one or more of the cases that the defending restaurants had improperly treated their managers and assistant managers as exempt from the overtime pay and minimum wage requirements of the Fair Labor Standards Act because, among other things, they had allegedly required the managers and assistant managers to make up cash shortages and perform nonmanagerial work. They also alleged that the restaurants had worked non-exempt employees off the clock and had improperly taken the tip credit.