Chester E. (Terry) Kasiborski, Jr. is Counsel to Butzel Long, based in the firm's Detroit office. He is a graduate of the University of Michigan School of Law (J.D., 1971) and the University of Michigan (B.A., 1968). Mr. Kasiborski concentrates his practice in the areas of labor and employment law, business litigation, and alternative dispute resolution.
Mr. Kasiborski's litigation experience includes federal and state trial and appellate courts and commercial and labor arbitrations. He has handled traditional discrimination claims (race, age, sex, sexual harassment, and handicap), wrongful discharge, claims for severance pay, ERISA claims, unemployment compensation claims, wage and hour claims, and some workers' compensation matters. His general business civil litigation and arbitration experience includes matters under the Uniform Commercial Code, salespersons' commission agreements, general contract law, covenants not to compete, property tax assessments, condemnation, and other business related matters including Bankruptcy Court litigation. He also defended personal injury actions and tried product liability and premises liability cases.
Mr. Kasiborski is an arbitrator serving on the American Arbitration Association Employment Panel and also conducts private arbitrations. He has also completed advanced mediation training, is a member of the American Arbitration Association Employment Mediation Panel, and conducts private facilitations/mediations.
Mr. Kasiborski is admitted to practice in the United States District Court for the Eastern District of Michigan, the United States District Court for the Western District of Michigan, the United States Court of Appeals for the Sixth Circuit, and the United States Supreme Court. Mr. Kasiborski has served as a Member of a Hearing Panel of the State of Michigan Attorney Discipline Board since 1981 and has served as a Hearing Panel Chairperson since 1987.
Mr. Kasiborski is a former President of the University of Michigan Club of Greater Detroit (1996 to 1997).
Experience
· Race discrimination; dismissal in Federal Court bench trial
· Race discrimination; summary judgment in promotion case
· FMLA case; obtain summary judgment in Federal Court
· Obtain summary judgment in Sec. 1983 action
· Sales commission case; obtain summary judgment for employer
· Obtained a no cause jury verdict for a McDonald's franchisee in a religious discrimination case.
· ERISA action; obtain summary judgment in Federal Court
· Tortious interference and defamation; no cause in jury trial
· ADA retaliation case; obtain summary judgment in Federal Court
· Broadcast tower lease dispute; summary judgment for lessor
· Set aside arbitrator's award
· Breach of commercial contract case; summary judgment in state court
· Sex discrimination; no cause in state court jury trial
· Sales tax/use tax litigation; summary judgment for taxpayer
· Action for sales commissions; obtain jury verdict for plaintiff
· Construction; obtain no cause in Federal Court jury trial
· Age discrimination case; obtain summary judgment in Federal Court
· Breach of employment contract; no cause in Federal Court jury trial
· Age discrimination; obtain summary judgment in Federal Court
· Prepared an administrative appeal and concurrently prepared the suit for immediate injuctive relief; our efforts were successful in preventing an award of the $14 million contract to the second bidder
· Successfully defended client against a $1 million arbitration claim from a Mergers & Acquistions firm on the grounds of changing the structure of a deal to avoid a fee.
News
Media Releases
05.06.11, Butzel Long Taxation and Succession Planning Institute plans half-day seminar on May 18 in Troy
Publications
Client alerts
06.10.08, Automation Alley Newsletter - June 2008
06.06.08, E-news: Labor and Employment - June 6, 2008
Memberships
State Bar of Michigan
University of Michigan Club of Greater Detroit - past President (1996-1997)
State of Michigan Attorney Discipline Board - Member - since 1981; Hearing Panel Chairperson since 1987
Recognitions
Michigan Super Lawyers, Employment & Labor, 2011
Published Works
"Will Michigan Courts Enforce a Discovery Subpoena Issued by an Arbitrator to a Non Party in a Statutory Arbitration?", State Bar of Michigan Labor and Employment Lawnotes, Summer 2006
"Michigan Supreme Court Clarifies Employer Liability for Workplace Violence," The Michigan Broadcaster, July/August 2007
"Should You Adopt An Alternative Dispute Resolution Policy for Your Employees?", The Michigan Broadcaster, March/April 2007
"What Rights Do Employees Have Under Michigan's Whistleblower's Protection Act?", The Michigan Broadcaster, March, 2008
"Careless Employee Handbook Language Can Inadvertently Expand Employee Rights," The Michigan Broadcaster, December, 2008
"U.S. Supreme Court Ruling Broadens Possible Employee Retaliation Claims," Michigan Association of Broadcasters, e-Newsletter, March 2009
"U.S. Supreme Court Enforces Terms of Collective Bargaining Agreement Requiring Arbitration of Discrimination Claims," Michigan Association of Broadcasters, e-Newsletter, April 2009
"Have You Considered Incentive Programs to Achieve Reductions in Force?", Michigan Association of Broadcasters, e-Newsletter, June 2009
"Minimum Wage Requirements Explained," Michigan Association of Broadcasters, e-Newsletter, August 2009
"Employers Need to be Wary of Retaliation Claims," Michigan Association of Broadcasters, e-Newsletter, September 2009