Thomas J. Birchfield: Lawyer with Fisher & Phillips LLP

Thomas J. Birchfield

Regional Managing Partner
Louisville,  KY  U.S.A.
Phone(502) 561-3960

Peer Rating
AV® Preeminent

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Experience & Credentials Ratings & Reviews

Practice Areas

  • Labor and Employment Defense
  • Employment Policies and Procedures
  • Severance Agreements
  • Family and Medical Leave Act - FMLA
  • Management Labor Law
University Indiana University, Bloomington, IN, B.S., with distinction, 1985
Law SchoolIndiana University School of Law, Bloomington, IN, J.D., 1988
Admitted1988, Indiana and Kentucky; U.S. Court of Appeals for the Sixth Circuit; U.S. District Court for the Northern District of Indiana; U.S. District Court for the Southern District of Indiana; U.S. District Court for the Eastern District of Kentucky; U.S. District Court for the Western District of Kentucky

Professional Activities

Member, Indiana Bar Association, Labor and Employment Law Section
Member, Kentucky Bar Association, Labor and Employment Law Section
Member, Louisville Bar Association
Society for Human Resources Management, Kentucky State Council Member, 1999 to 2006


Tom Birchfield is the managing partner of the Louisville office, which he helped open for the firm in 2009. Prior to 2009, he was the chairperson of the labor and employment practice group of a large regional law firm.

Tom has represented employers exclusively for over 25 years in federal and state courts and before various administrative agencies throughout the nation.

Tom assists employers with their employment practices liability prevention efforts by conducting training, counseling, reviewing and revising policies and preparing severance agreements.

Tom also represents companies in collective bargaining, arbitrations and proceedings before the National Labor Relations Board.


Eighty-Four Fisher & Phillips Attorneys Selected to The Best Lawyers in America 2016
August 17, 2015

Forty-Four Attorneys Ranked Among Top in Chambers USA 2015
May 19, 2015

Eight Fisher & Phillips Lawyers in Louisville Listed in Kentucky Super Lawyers and Rising Stars 2014
November 24, 2014

Fisher & Phillips Attorneys Named 2012 Lawyers of the Year
October 11, 2011

Six Fisher & Phillips Attorneys in Louisville Listed in Kentucky Super Lawyers 2011
July 25, 2011

AV Rated Attorney by Martindale-Hubbell
Kentucky Super Lawyer since 2007
Listed in Best Lawyers in America since 2007
Labor Attorney of the Year-Management 2012-Louisville-Best Lawyers in America and U.S. News and World Reports
Chambers USA, America's Leading Business Lawyers


During an Interview, Asking the Wrong Questions Can Spell Trouble
June 5, 2009

Quotes and Soundbites

No Need For Businesses To Fear 'Ban The Box' Measure
March 28, 2014


25th Annual Kentucky Human Resource Update - Louisville & Lexington, KY
May 31, 2013

Managing the Evolving Electronic Workplace - Louisville, KY
May 18, 2011

Update on Significant Legal Decisions
26th Annual Kentucky Chamber Human Resources Update
May 2014

Update on Significant Legal Decisions
24th Annual Kentucky Chamber Human Resources Update
June 2012

Update on Significant Legal Decisions
23th Annual Kentucky Chamber Human Resources Update

Wellness Programs-All Well and Good?
Kentucky Chamber of Commerce Wellness Conference

Downsizing Staff-How to Reduce Liability
25th Annual Kentucky State SHRM Conference
September 2009

Reported CasesRepresentative Work; In 2011, handled two union organizing campaigns for firm clients and obtained positive results in both. One involved a prospective unit of 100 nursing aides, housekeepers and maintenance employees at a nursing home. The Company won the election 65% to 35%. In the other, which involved a unit of 50 truck drivers, the Teamsters union withdrew its petition the day before the election. Represented a large automotive manufacturer for many years in the defense of over 30 unfair labor practice charges filed by the UAW. Also assisted this client in its union avoidance efforts. Handled a; Gissel; bargaining order case for a large acute care hospital in a unit of 630 registered nurses which involved a 25 day administrative hearing and an appeal to the NLRB. The NLRB did not issue the bargaining order; Audubon Regional Medical Center; , 331 NLRB No. 42 (2000)).The case also involved a Section 10(j) injunction proceeding in which the NLRB's General Counsel petitioned a federal court to impose the bargaining order before the conclusion of the administrative hearing. Tom was one of the lead counsel on this matter and the request for injunctive relief was denied. ( Ahearn v. Audubon Regional Medical Center; , 937 F. Supp. 617 (W.D. Ky. 1996)). Handled litigation matters for a large assisted living company throughout the United States and is very familiar with the issues facing this industry. Tom has represented numerous other clients in mediation and trials. Louisville Attorneys Turn Back AFSCME Union

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#100,525 in weekly profile views out of 1,726,728 total lawyers Overall

Office Information

Thomas J. Birchfield

220 West Main Street
LouisvilleKY 40202


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