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Services Available
- Advising and representing management in all types of employment discrimination claims, including class actions
- Defending wrongful discharge and other types of employment-related claims, including class actions, resulting from downsizing or other personnel actions, such as intentional infliction of emotional distress, defamation or fraud
- Drafting and negotiating employment contracts and severance agreements
- Handling administrative claims under the Americans With Disabilities Act, the Age Discrimination in Employment Act, the Family and Medical Leave Act, Title VII and other similar state agency proceedings
- Proactively counseling and assisting our clients to avoid and, when necessary, resolve employment claims and utilizing Alternative Dispute Resolution programs to effectively mediate or arbitrate claims
- Developing Affirmative Action Plans and assuring compliance with Executive Order 11246, the Vietnam Era Veterans’ Readjustment and Assistance Act and the Rehabilitation Act of 1973, and including representation of our clients in preparing for audits by the Office of Federal Contract Compliance Programs
- Ensuring compliance with federal and state wage and hour laws, including determination of exempt/non-exempt status and handling audits by the Wage & Hour Division of the U.S. Department of Labor or similar state agency
- Providing in-house training for supervisors on a variety of topics such as avoiding liability on employment issues, complying with the ADA and FMLA, and avoiding claims of sexual harassment
- Representing clients in appeals before state courts, the National Labor Relations Board, the U.S. Courts of Appeals, and the U.S. Supreme Court
The Labor & Employment Practice Group strives to provide our clients with the highest quality and most cost effective legal services. The success of our relationships formed with clients is founded on a risk management focus, combined with proactive and preventative counseling. Representative Experience Multiple Clients
OSHA Matters - Construction Projects
Successfully negotiated multiple claims by OSHA on construction-related accidents. Therapeutic Device Manufacturer
Anonymous Plaintiff v. Therapeutic Device Manufacturer
Litigation involving issues related to ADEA, ADA, Title VII and retaliation New Beckley Mining Corp.
New Beckley Mining Corp. v. UMWA, 946 F.2d 1072 (4th Cir. 1991)
RICO action arising out of alleged Union violence Multiple Clients
Non-Compete Cases
Successfully prosecuted multiple non-compete cases on behalf of various clients throughout Central Ohio. City of Mason, Ohio
Paquette v. City of Mason
Claim of violation of First Amendment rights and wrongful discharge of City Fire Department employee; Section 1983; Amount at issue: $250,000 Large Insurance Company
Insurance Company ERISA Claims
Disability claims under ERISA Federally Funded Community Based Non-Profit Corporation
Pryor v. Federally Funded Community Based Non-Profit Corporation
Defense of suit for wrongful termination based on race and retaliation Lucent Technologies Inc. and AT&T
Ponder v. AT&T Corporation and Lucent Technologies Inc.
National 50,000 person class action asserting violation of Section 301 and ERISA for cancellation of retiree benefits provided by collective bargaining agreement Anthem
Powell v. Anthem
Claim of race discrimination, adverse action and dismissal under Title VII; Amount at issue: $100,000 New Beckley Mining Corp.
New Beckley Mining Corp. v. UMWA, 18 F.3d 1161 (4th Cir. 1991)
RICO action arising out of alleged Union violence Allstate Insurance Company
Linda Brown v. Allstate Insurance Company
Defense of claim for alleged disability discrimination and wrongful discharge General Motors Corporation
Lykins v. GMC
Suit involving issue of validity of beneficiary designation OPW Fueling Components and Dover Corporation
Karen Brown v. OPW Fueling Components and Dover Corporation
Claim for discrimination and retaliation Kentucky Center for the Arts
Kentucky Center for the Arts v. Handley
Burden of proof in a discrimination claim Alonza Marshall
Marshall v. Hamilton City School District, et al.
Suit involving allegations of failure to promote based on race and retaliation Transportation Management Services Company
Anonymous Plaintiff v. Transportation Management Services Company
Claim involving EEOC charges and issuance of a Notice of Right to Sue The May Department Stores d/b/a Kaufmann's
Nancy Riding v. The May Department Stores d/b/a Kaufmann's
Claims of gender and pregnancy discrimination General Electric Pension Plan
McDowell v. GE Pension Plan
Suit alleging breach of employment contract, wrongful discharge in violation of public policy, and age and disability discrimination MHC, Inc.
MHC, Inc. v. UMWA
RICO case brought as a result of UMWA violence Rocky Hollow Coal Corp.
Stafford v. Rocky Hollow Coal Corp., 198 WV 593 (1996)
Wrongful discharge litigation Feather, Inc.
Sue Spencer v. Feather, Inc.
Defense of suit alleging sexual harassment Allstate Insurance Company
Sharp v. Allstate Insurance Company
Claim of constructive discharge LabOne of Ohio
Skelton v. The Health Alliance and LabOne of Ohio
Claim of pregnancy discrimination and Title VII violation for denial of FMLA claim; Ohio Civil Rights Commission (OCRC); Amount at issue: $250,000 Detroit Newpapers Agency
Teamsters Local 372, et al. v. Detroit Newspapers Agency, 956 F.Supp. 753 (E.D. MI 1987)
RICO action arising out of alleged Union violence Anonymous Airline
Anonymous Plaintiff v. Anonymous Airline
Claim of wrongful discharge in violation of the Americans with Disabilities Act Jewish Hospital and St. Mary's HealthCare, Inc.
Wymer v. JH Properties, Inc.
Wrongful discharge Detroit Newspapers Agency
Teamsters Local 372, et al. v. Detroit Newspapers Agency, 993 F.Supp. 1052 (E.D. MI 1998)
RICO action arising out of alleged Union violence Enterprise Rent-A-Car, Inc.
Torrie C. Black v. Enterprise Rent-A-Car, Inc.
Various employment discrimination lawsuits Rum Creek Coal Sales, Inc.
Rum Creek Coal Sales, Inc. v. Caperton
Case related to state trespass statute Transportation Management Services Company
Representation Before the EEOC and State Fair Employment Practices Agencies
Representation related to numerous discrimination charges before the EEOC and various State Fair Employment Practice agencies Past or current subsidiaries of Foundation Coal, Peabody Energy, Pittston, Massey Energy, Patriot Coal Corporation, Magnum, Arch Coal, Alpha Natural Resources, Pen Coal and Island Creek
Representation of Energy Industry Companies
Various labor and employment issues Multiple Clients
Selected published decisions - Federal: - Lavender v. City of Blue Ash, 162 Federal App. 548, (6th Cir. 2006)
Summary judgment upheld--Officers who detained plaintiff had reasonable belief that armed robber might have been in car, and were justified in using force to secure scene. - Watson v. City of Mason, No.: C-1-04-283, United States District Court for the Southern District of Ohio, Western Division, 2005 U.S. Dist. Lexis 27116, (November 8, 2005).
Summary judgment upheld--city’s municipal court building did not violate ADA. - Feinthel v. Payne, No. 04-3057, United States Court of Appeals for the Sixth Circuit, 121 Fed. Appx. 60; 2004 U.S., (December 30, 2004).
Summary judgment upheld--City policy did not cause the injuries, there was probable cause for the search and arrest, and the force was proper under the circumstances. - Paquette v. City of Mason, 250 F. Supp. 2d 840; 2002 U.S. Dist. Lexis 25934, (September 3, 2002).
Summary judgment upheld--Employee’s e-mail did not constitute a matter of public concern, and city did not violate Ohio’s Whistleblower Act. - Johnson v. City of Mason, 101 F. Supp. 2d 566; 2000 U.S. Dist. Lexis 8604,
(April 4, 2000).
Summary judgment upheld--Employee’s right leg injury and resulting limitations did not constitute disability within meaning of ADA. - Rucker v. City of Kettering, 84 F. Supp. 2d 917; 2000 U.S. Dist. Lexis 1765,
(February 7, 2000).
Motion for preliminary injunction in civil rights action for denial of employment on basis of gender was denied.
Foundation Repair Company
Anonymous Plaintiff v. Foundation Repair Company
Litigation involving ADA claim American Bearing & Power Transmissions, Inc.
Robbins v. American Bearing & Power Transmissions, Inc.
Employment contract issues and effect of employee's death Calvary Industries, Inc.
Rochester Midland Corporation v. Peter J. Castellano
Suit for alleged breach of non-compete restrictive covenants Beverly Health & Rehabilitation Services
Rose v. Beverly Health & Rehab. Services
Suit for disability discrimination; labor preemption Welding Tool Corporation
Robert Morris v. Welding Tool Corporation
Claims under the Family and Medical Leave Act and retaliation Embassy Suites Blue Ash
Robinson v. Hilton Hospitality
Denial of medical leave under FMLA; Claim of retaliation; Amount at issue: $400,000 Coca-Cola Bottling Co. Consolidated
Coca-Cola Bottling Co. Consolidated v. Teamsters Local 991, 212 Fed.Appx. 864, 2006 WL 3780661 (C.A. 11 (Ala.) 181 LRRM (BNA) 3024
Vacation of arbitration award Central Ohio Transit Authority
Curtis v. Cent. Ohio Transit Auth.
Suit alleging race discrimination Health Care Facility
Anonymous Plaintiff v. Health Care Facility
Claims of negligent hiring and wrongful termination C&S Packaging Group, Inc.
C&S Packaging Group, Inc. v. Roger Hauger and Fleetwood Paper Co., Inc.
Breach of Non-Competition Agreement Lucent Technologies, Inc.
Debbie K. Krugh v. Lucent Technologies, Inc.
Claim of gender discrimination MedExpress
Development of Urgent Care Business
Various commercial transactions in ongoing development of urgent care business Royal Coal Company
District 29, UMWA v. Royal Coal Company
Case involving company's obligation to provide health benefits to retired and disabled miners Johnson and Johnson Medical, Inc., a subsidiary of Johnson & Johnson, Inc.
Denise S. Nida v. Johnson and Johnson Medical, Inc., a subsidiary of Johnson & Johnson, Inc.
Claim of gender discrimination Tobacco Company
Anonymous Plaintiffs v. Tobacco Company
Claims for breach of contract and ERISA Jewish Hospital and St. Mary's HealthCare, Inc.
Brohm v. JH Properties
Alleged discrimination for a disability and violation of FMLA The Braddock Medical Center
Alma Aland v. The Braddock Medical Center
Claim under the Americans with Disabilities Act Weirton Steel Corporation
Angelo v. Weirton Steel Corporation
Suit for intentional tort by employee alleging injury after stepping into molten metal Multiple Clients
Additional Legal Experience - Represented major manufacturers, construction companies, utilities, banks and financial institutions, long distance telephone providers, wireless communications companies, distribution companies, pharmaceutical and medical device manufacturers, national car rental agencies, department stores, printing companies, refractive surgery centers, physicians and physician groups, hospitals and health institutions, public employers, and individuals.
- Represented airport security company in commercial dispute brought by airline passengers involving allegations of lost, stolen and mishandled luggage.
- Obtained court order requiring plaintiff to pay defendant’s attorneys’ fees following successful defense of Title VII lawsuit.
- Obtained favorable results for a franchisee distributor of automobile accessories in a breach of warranty claim against seller of machinery.
- Represented physician practice group and individual physician in commercial litigation involving claims against hospital for wrongful termination of physician’s clinical privileges. 8908.
- Obtained favorable settlement for owner of large hotel in a claim brought by a customer claiming discriminatory service, where class action litigation was threatened.
- Obtained favorable results for leading department store chain brought by several current and former employees claiming race discrimination.
- Obtained favorable settlement for national financial holding company in case involving claims under the Americans with Disabilities Act, age discrimination and gender discrimination.
- Participated as co-counsel on behalf of a bottled water company in a claim brought under the Americans with Disabilities Act, and obtained dismissal of the case which was upheld by Eighth Circuit Court of Appeals.
- Lead counsel for employer in proceedings before the National Labor Relations Board where the NLRB alleged employer engaged in unfair labor practices when it laid off fifteen (15) employees whom NLRB alleged were 'ring leaders' in union organizing efforts.
- Successfully obtained dismissal of all claims against manufacturer of copper alloy products in cases brought by several former employees who alleged wrongful discharge on the basis of faulty drug screen results.
- Successfully represented manufacturer of electronic parts in a strike by its employees, including several unfair labor practice charges, and the hiring of replacement employees, who then successfully decertified the incumbent union.
- Lead counsel in numerous unfair labor practice cases before the National Labor Relations Board.
- Obtained favorable settlement for a drug distribution company in a claim brought by a former employee alleging sexual harassment.
- Obtained favorable settlement on behalf of a privately held dietary supplement company in a claim brought by a large national retail distributor for breach of contract.
- Obtained favorable settlement for plumbing contractor in claims brought by federal government alleging violation of the Fair Labor Standards Act.
- Successfully represented local financial institution in a claim brought by customer for alleged discriminatory denial of automobile loan.
National Fresh Produce Distributor
Affirmative Action Matters
Representation of large national distributor of fresh produce with respect to Affirmative Action matters Logan's Roadhouse
Barlow v. Logan's Road House
Claim for unpaid minimum wage and overtime for time worked "off the clock"; Amount at issue: $500,000 BE&K Construction
BE&K construction v. NLRB, 122 S.Ct. 2390 (2002)
RICO action arising out of alleged Union fraud and extortion General Motors
Bond v. General Motors
Suit in excess of $300,000 alleging promissory estoppel and breach of fiduciary duty Watson Pharmaceuticals, Inc.
Baron v. Watson Pharms., Inc.
Suit involving alleged breach of employment contract, wrongful discharge in violation of public policy, and age and disability discrimination Archdiocese of Cincinnati
Basinger, et al. v. Pilarczyk. et al.
Claim by terminated parochial school teachers that the reason for dismissal given by the employer (co-habitation in conflict with Church doctrine) was a pretext for age discrimination American Family Orthodontics
Hutter v. American Family Orthodontics
Claim for breach of contact and wrongful termination NLRB
IBEW Local 1547 v. NLRB
NLRB litigation dealing with bylaw prohibiting Union family members from being placed on corporate board Transportation Management Services Company
Anonymous Plaintiff v. Transportation Management Services Company
Represent client in multiple race, nationalism, gender and disability discrimination cases in state and federal court Hospitals and Medical Practice Groups
Health Care
Preventative counsel for various hospitals and medical practice groups The Procter & Gamble Company
In-House Legal Counsel on Employment Matters
Provide in-house legal counsel and training on employment matters AT&T, Harlan Shober, Jr., Timothy Glaid, Bruce A. Maxwell, Robert Hess and AT&T Istel Visual Interactive Systems, Inc.
John Kodenkandeth v. AT&T, Harlan Shober, Jr., Timothy Glaid, Bruce A. Maxwell, Robert Hess and AT&T Istel Visual Interactive Systems, Inc.
Claims of age discrimination, race discrimination, retaliation and national origin discrimination Allstate Insurance Company
Johnson v. Allstate Insurance Company
Race Discrimination, Termination Claims Under Title VII; Amount at issue: $100,000 The Procter & Gamble Company
Internal Investigation of Employee Whistleblower Claims
Employee whistleblower accused the Company of illegal and unethical practices related to advertising claims Integra Financial Corporation and National City Corporation
James F. Kimmel v. Integra Financial Corporation and National City Corporation
Claims under the Americans with Disabilities Act The Courier-Journal
Hallahan v. Courier-Journal
Summary judgment standard and disability issues Pharmaceutical Distribution Company
EEOC v. Pharmaceutical Distribution Company Multiple Clients
Establishing Foreign Susidiaries Around the World
We have represented scores of foreign subsidiaries, sometimes for the same client, from international labor and employment issues to tax and corporate issues. We leverage our long history of assisting clients to expand internationally through foreign direct investment. Eastern Associated Coal Corporation
Eastern Associated Coal Corp. v. United Mine Workers of America, District 17, et al.
Case involving issues of public policy, arbitration, and termination for drug use Various County Boards of Education
Education Law
Representation of various county boards of education in employee grievance matters, and as preventative counsel in other labor and employment matters Multiple Clients
Executive Severance Packages
Oversaw the negotiation and preparation of severance packages for local executives, resulting in substantial payments to the clients. Allstate Insurance Company
Goldmeier v. Allstate Insurance Company
Religious discrimination Credit Collections Agency
Anonymous Plaintiff v. Credit Collections Agency
Allegations of fraudulent inducement against credit collections agency Columbia Gas Transmission Corporation
Firdous H. Chowdhury v. Columbia Gas Transmission Corporation
Claims of retaliation and national origin discrimination Columbia Gas Transmission Corporation
Gloria Bizick v. Columbia Gas Transmission Corporation
Claim of gender discrimination under Equal Pay Act
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