John O. Sheller

John is a Member in Stoll Keenon Ogden’s Louisville office and has been with the firm since 2007. He has a track record of success in Labor and Employment Law spanning 35 years, and is honored to serve as Chair of the Kentucky State Labor Relations Board, which resolves disputes between public employers and their labor organizations.

He is responsible for creating binding legal precedent entitling employers to secure indemnity from other parties in harassment or retaliation cases. He has also established legal precedent holding that the claim for intentional infliction of emotional distress is preempted by statute. In a class discrimination case, he prevailed in challenging a claim brought by the federal government that women were categorically excluded from coal mining jobs.

For his many accomplishments, John has been distinguished with multiple local, state and national recognitions, including more than eight consecutive years of being listed in the Best Lawyers in America® peer-review publication.

Labor, Employment & Employee Benefits: John’s extensive experience encompasses the full breadth of employment law, including traditional labor law, claims of harassment and retaliation, breach of contract disputes and enforcement of trade secrets.

Appellate: Once a trial court decision has been made, John is fully prepared to take cases to court at the state or federal level as necessary to obtain a satisfactory resolution. He has obtained favorable verdicts for both appellants and appellees.

Recognition

• AV® Preeminent™ Peer Review Rated by Martindale-Hubbell®

• Best Lawyers®, Employment Law — Management, Labor Law — Management, and Litigation — Labor and Employment, 2010-present

• Kentucky Super Lawyers® Honoree, 2013-2022

• Louisville Magazine Top Lawyer, Labor & Employment Law, 2012; Labor & Employment Law - Defense, 2013 and 2014

• Chambers USA, Leading Lawyer for Business, Labor & Employment, 2014-2016

• Responsible for creating binding legal precedent entitling employers to secure indemnity from other parties in discrimination, harassment, or retaliation cases.

• Successful in preserving constitutional and statutory right of private membership clubs to select their own members without adverse tax consequences.

• Established legal precedent holding that claim for intentional infliction of emotional distress or outrage is preempted by statute.

• Prevailed in class discrimination case brought by federal government seeking to establish that women were categorically excluded from coal mining jobs.

• Succeeded in preventing ACLU and similar organizations from using courts to create judicial amendment expanding Civil Rights Acts beyond their terms.

• Established legal precedent recognizing civil rights act exemption for national veterans organization.

Work Highlights

Breach of Contract

SKO represented an insurance company that was being sued in the U.S. District Court for the Western District of Kentucky by a paper products manufacturer for breach of an insurance contract. The manufacturer alleged that it had proven a covered loss under an employee theft policy and the insurer disagreed and denied many elements of the claim. At the trial court level, the manufacturer willfully violated multiple discovery orders and the court dismissed the manufacturer’s claims as a sanction. After the dismissal, the trial court denied the insurer’s motion for fees incurred litigating the dispute. The manufacturer appealed the trial court’s denial to the Sixth Circuit and the insurer cross-appealed the denial of fees. After briefing on the first appeal had concluded, the parties resolved all matters amicably. While the case did not result in an appellate decision, SKO was successful in preserving an important district court opinion levying a rare dismissal sanction for discovery misconduct.

Related Practices: Business Litigation, Appellate

Workers’ Compensation Retaliation

SKO represented a manufacturer and distributor of auto supplies that was sued for workers’ compensation retaliation under the Kentucky Workers’ Compensation Act, KRS Chapter 342. The United States District Court for the Western District of Kentucky entered summary judgment in favor of the manufacturer, from which the plaintiff did not appeal.

Related Practices: Labor, Employment & Employee Benefits, Business Litigation, Appellate

Sexual Orientation Discrimination Claim

SKO represented a nonprofit in a suit brought by two women who claimed that they were victims of discrimination on the basis of sexual orientation. The individuals sued under Title VII of the Civil Rights Act of 1964 and the Kentucky Civil Rights Act. The nonprofit moved to dismiss the case for failure to state a claim upon which relief could be granted. The gravamen of the motion to dismiss was that the plaintiffs could not state a claim for religious discrimination without at least contending that their own religious views or practices were adversely effected in some way. The motion was vigorously opposed by plaintiffs and their advocates. The United States District Court granted the nonprofit’s motion to dismiss in a published opinion that adopted SKO’s argument. A panel of the United States Court of Appeals for the Sixth Circuit unanimously affirmed the dismissal on the same rationale in another published opinion. Petitions for en banc review by the full Sixth Circuit and for writ of certiorari in the United States Supreme Court were later denied.

Related Practices: Labor, Employment & Employee Benefits

Breach of Contract, Fiduciary Duty & Trade Secrets Law

SKO represented four employees of an asset management firm who sought new employment at a bank and were sued by the asset firm to enjoin them from working for the bank. These employees were also sued for alleged breaches of contract, fiduciary duty, trade secrets law and for other torts. The four managers countersued the asset firm, contending that their 12-month resignation notice period was, in effect, an implied and improper non-compete provision because the employer would not let them perform their regular job duties during the notice period. The Federal District Court, following trial-like evidentiary hearings after expedited discovery, permitted the four employees to work for the bank without requiring them to serve their 12-month notice period. This successful injunction phase then precipitated almost five years of litigation concerning the alleged damages sustained by the asset firm due to the alleged “raid” of the four investment managers and some of their colleagues. After SKO had the case dismissed from Federal District Court on jurisdictional grounds, the asset firm re-filed the suit in New York state court. After years of additional discovery and other motion practice, including battles over experts and their testimony, cross-motions for summary judgment were filed, and the case was poised for trial. Less than 10 days before trial, the case as dismissed with no payment by SKO clients.

Related Practices: Labor, Employment & Employee Benefits

News

118 SKO Attorneys Named to “2023 U.S. News Best Lawyers® in America”, Aug. 18, 2022

SKO Attorneys Selected to 2022 Kentucky Super Lawyers, Jan. 6, 2022

77 STOLL KEENON OGDEN ATTORNEYS HONORED IN “BEST LAWYERS IN AMERICA” 2022 Edition, Aug. 19, 2021

KENTUCKY SUPER LAWYERS RECOGNIZES 39 STOLL KEENON OGDEN ATTORNEYS, Dec. 11, 2020

73 Stoll Keenon Ogden PLLC attorneys are recognized in the 2021 edition of the Best Lawyers in America®, one of the most respected legal peer-review guides in the world., Aug. 20, 2020

COVID-19’s Impact on Workers’ Compensation Benefits in Kentucky and Indiana, Apr. 17, 2020

One Of My Employees Has Tested Positive For COVID-19. What Now?, Apr. 16, 2020

Kentucky Super Lawyers Recognizes 47 Stoll Keenon Ogden Attorneys, Nov. 27, 2019

SKO Attorneys Recognized Among 2020 Best Lawyers in America®, Aug. 15, 2019

Kentucky Super Lawyers Recognizes 52 Stoll Keenon Ogden Attorneys, Dec. 11, 2018

SKO Attorneys Recognized Among 2019 Best Lawyers in America, Aug. 15, 2018

SKO Attorneys Recognized Among Best Lawyers in America, Aug. 16, 2017

Five SKO Attorneys Recognized Among Top 50 Kentucky Super Lawyers, Nov. 18, 2016

Best Lawyers in America Chooses 61 SKO Attorneys for 2017 Publication, Aug. 30, 2016

30 SKO Attorneys Named “Top Lawyer” by Louisville Magazine, Mar. 2, 2016

Chambers USA Recognizes 24 SKO Attorneys, Feb. 22, 2016

Lea Pauley Goff and Richard G. Griffith named among Top 50 Kentucky Super Lawyers, Nov. 30, 2015

EEOC finds current law prohibits workplace discrimination based on sexual orientation, Nov. 2, 2015

SKO Attorneys Recognized by Best Lawyers in America® 2016, Aug. 17, 2015

28 SKO Attorneys Recognized by Chambers USA 2015, Apr. 1, 2015

Kentucky Super Lawyers Recognizes 57 Stoll Keenon Ogden Attorneys, Nov. 24, 2014

SKO Attorneys Recognized by Best Lawyers in America® 2015, Aug. 18, 2014

33 SKO Attorneys Named “Top Lawyer” by Louisville Magazine, Mar. 25, 2014

25 SKO Attorneys Recognized by Chambers USA 2014, Mar. 12, 2014

Kentucky Super Lawyers Recognizes 42 Stoll Keenon Ogden Attorneys, Nov. 26, 2013

SKO Attorneys Recognized by Best Lawyers in America® 2014, Aug. 19, 2013

22 SKO Attorneys Recognized by Chambers USA 2013, June 5, 2013

34 SKO Attorneys Names “Top Lawyer” by Louisville Magazine, Mar. 5, 2013

22 SKO Attorneys Recognized by Chambers USA 2013, Feb. 10, 2013

61 SKO Attorneys Recognized by Best Lawyers in America® 2013, Sep. 7, 2012

53 SKO Attorneys Recognized by Best Lawyers in America® 2012, Sep. 6, 2011

53 SKO Attorneys Recognized by Best Lawyers in America® 2011, Aug. 6, 2010

49 SKO Attorneys Recognized by Best Lawyers in America, Aug. 6, 2009

Stoll Keenon Ogden Announces New Attorney, John O. Sheller, Apr. 4, 2007

Publications

U.S. Supreme Court Rules Title VII Prohibits Discrimination Against LGBT Employees, June 17, 2020

Re-opening Kentucky and Indiana’s Economies: A Summary, Apr. 29, 2020

New Department of Labor FAQs Provide More Clarity on Upcoming Paid Leave Requirements, Apr. 1, 2020

Kentucky and Indiana Unemployment Insurance Information and Resource, Mar. 26, 2020

Families First Coronavirus Response Act Signed Into Law, Mar. 19, 2020

Sixth Circuit Holds: Contract Provision Shortening Title VII Statutory Limitations Period is Unenforceable, Nov. 6, 2019

Misclassification of Workers as Independent Contractors Not a Violation of Federal Labor Law, Sep. 16, 2019

Employees May Take FMLA Leave For Medical Parent/Teacher Conferences, Sep. 11, 2019

NLRB Overrules Precedent: Property Owners May Exclude Off-Duty Contractor Employees From Premises, Sep. 4, 2019

Federal Appeals Court Finds the EEOC’s Criminal Background Check Guidance Unenforceable, Aug. 12, 2019

Kentucky Court of Appeals: Non-Lawyers May No Longer Represent Employers During Unemployment Proceedings, May 1, 2019

Kentucky Clarifies Accommodations for Pregnant Workers, Apr. 17, 2019

Senate Bill 7 Restores Kentucky’s Approval of Employment Arbitration Agreements, Mar. 15, 2019

Kentucky Employers Can’t Enforce Arbitration Agreements Required for Employment, Oct. 18, 2018

New NLRB rulemaking may change the joint-employer standard, Oct. 4, 2018

In Landmark Decision, U.S. Supreme Court Strikes Down Mandatory Union Fees, July 19, 2018

Five Reasons to Contact Your Labor and Employment Lawyer Now, Jan. 11, 2018

The Loan Zone: Curing Late Payments on Loans From Qualified Employer Retirement Plans, Nov. 29, 2017

Labor Secretary Confirms June 9, 2017, Effective Date for Investment Advice Conflict of Interest Rule, June 2, 2017

Is Your Website ADA Compliant?, May 17, 2017

U.S. Department of Labor to review investment advice conflict of interest rule, Mar. 24, 2017

Federal Court Blocks New Overtime Regulation, Nov. 23, 2016

Kentucky Supreme Court Strikes Down Local Minimum Wage Ordinance, Oct. 24, 2016

Seminars

Arbitration Update and a #METOO World, Association of Corporate Counsel, Speaker, 2019

Advanced Employment Law: Confidently Tackle Advanced Employment Disputes, National Business Institute, 2016

Human Resource Management: How a Successful Workplace Can Lead to a Successful Business, Nonprofit Conference sponsored by the Kentucky Society of CPAs and the Center for Nonprofit Excellence, 2011

Dealing with the Sexual Harassment Claim in Kentucky, National Education Network

Legal Issues Arising from Workforce Reductions, Lorman Education Services

Covenants Not To Compete, Lorman Education Services

Update on Employment Law and Litigation Strategies, Louisville Bar Association

Arbitration and Alternative Dispute Resolution, University of Louisville

Litigating a Sexual Harassment Case, Louisville Bar Association

Employee Discharge and Documentation, Lorman Business Center

Affiliations

• Louisville Bar Association

• Kentucky Bar Association

• Indiana Bar Association

• Texas Bar Association

• Louisville Bar Foundation

• State Labor Relations Board, Chair

• Federalist Society

• National Multiple Sclerosis Society, Board Member, 2008-2019

• Louisville Metro Animal Services Spot Board, Board Member, 2011-2018

• Disabled American Veterans, Supporter

• Sunrise Children's Services, Contributor

• Federalist Society, Member

• Christian Legal Society, Contributor/Supporter