Successfully argued cases before the Ohio Bureau of Workers’ Compensation’s Adjudicating Committee on independent contractor issues, re-rates due to gross misrepresentation and improper application of BWC rules.
Employment & Labor
Employers of all sizes and industries rely on our comprehensive range of services in the complex and ever-changing area of employment law.
Whether partnering with a regional hospital system or a small nonprofit organization, our attorneys are committed to understanding each client’s business in order to provide the insightful employment advice and successful representation for which we are known.
Because of the depth of employment law and its continuously changing nature, employers and their in-house counsel need support when it comes to critical employment matters. Our experience and knowledge in employment law allows the firm to assist our clients with the full spectrum of legal and business issues they may face. Each member of the team offers an in-depth understanding of each specific area of employment law. And our attorneys regularly collaborate with one another, drawing from their collective know-how to get the job done.
Over the years, we’ve built solid relationships with our clients, and we continue to add satisfied employers to the list. Because of our responsiveness, personalized service and desire to form lasting partnerships, our clients put their trust in us, knowing they’ll receive honest and straightforward counsel that has their best interest in mind.
By educating the employers with which we work, anticipating complications and assisting with preventative measures, we help employers maintain a flexible and compliant employment operation to avoid lawsuits and the costly civil penalties that come from noncompliance.
Types of clients we represent:
- Banks and financial institutions
- Colleges and universities
- Employee benefit plans
- Hospitals, health systems and health care providers
- Insurance companies
- Nonprofit organizations
- Private businesses
- Publicly held businesses
- School districts
- Transportation and logistics
Our recent accomplishments include:
- U.S. News and World Report – 2017 National “Best Law Firms” ranking for Employment Law –Management, Labor Law – Management and Labor & Employment Litigation
- 3 Employment/Labor attorneys listed in Best Lawyers in America, 2016-2017
- 3 Employment/Labor attorneys listed in Ohio Super Lawyers, 2016-2017
- Chambers USA – Labor and Employment practice group as well as 2 individual attorneys ranked as Band-3 Ohio, 2016
Related Industries & Practices
Representing more than 100 qualified plans, Bricker & Eckler has substantial experience advising employers who sponsor tax-qualified pension and retirement plans. Our attorneys are involved with the design, qualification and administration of numerous tax-qualified plans with special skill in large, complex pension arrangements. For more information, please visit our Employee Benefits & Pension Plans page.
Our Employment & Labor group has represented both state-funded and self-insured employers before Ohio's workers' compensation system and before Ohio's courts for decades, helping numerous employers control these often significant expenses. For more information, please visit our Workers’ Compensation page.
To avoid or limit exposure to employment-related lawsuits, our attorneys regularly counsel management and educate supervisors preventatively. Proactive counseling is designed to avoid litigation and cost-effectively address common issues.
When litigation cannot be avoided, our attorneys vigorously defend employers in all phases of employment claims. From discrimination to compliance, our team advises clients through agency investigations, perceived regulation violations, and all state and federal law employment claims brought to court. Visit our Litigation practice.
We routinely work with clients to design and implement executive compensation programs, helping boards and committees understand their responsibilities under state corporation law, federal tax laws and federal securities laws. Our attorneys ensure their clients adequately define the components and conditions of their programs to meet their objectives.
With union participation emerging within a variety of industries, our employment attorneys understand and regularly provide traditional labor services for managers. We work closely with businesses to structure policies and practices designed to maintain a union-free environment.
Used both aggressive and strategic techniques to help a new client with multiple derailed claims get their claims costs under control. For example, fighting to have only the necessary treatment allowed and unrelated conditions denied, we successfully argued that an injured worker had reached Maximum Medical Improvement (MMI) to have compensation terminated. Out of options, the injured worker ultimately settled her claim.
Successfully terminated temporary total compensation causing an overpayment of almost $20,000 through use of external surveillance and social media.
Worked with the Ohio Attorney General's Office to reduce a school district's liability for a common pleas court settlement to zero dollars. The school district paid nothing to have the case dismissed with prejudice and did not suffer any effect to its premiums as a result.
Advise employer organizations on the potential impact of House and Senate bills, as well as rule changes proposed by the Ohio Bureau of Worker’s Compensation and Industrial Commission of Ohio. This involves consulting with the Ohio Bureau of Workers’ Compensation on behalf of employer organizations to draft and revise rules that protect the rights of Ohio employers.
Represented a hospital in a case where a terminated employee accused the hospital of violating the Family Medical Leave Act (FMLA). We defended the hospital's leave of absence policy and its right to expect employees to comply or be terminated. Our client secured a favorable settlement in mediation three weeks before trial.
Finalized contract negotiations in advance of the client's timetable, at the same time disposing of a pending lawsuit that arose from interpretation of the prior labor contract. The court case, if litigated to conclusion, could have resulted in significant unbudgeted expense and a negative impact on the labor-management relationship. By resolving the lawsuit as part of the new contract negotiation, the client was able to manage its budget responsibly and avoided the uncertainty of a judicial decision, the cost of appeals, and negative publicity.
Participated in Senate meetings and provided information to various statewide employers' organizations regarding recent legislation.
Successfully defended a school district’s termination of an employee, obtaining a grievance arbitration award upholding the termination and dismissal of an EEOC charge alleging race and national origin discrimination.
Successfully defended the nonrenewal of an employee’s contract by a county board of developmental disabilities, obtaining dismissals of the employee’s appeals to the State Personnel Board of Review, the Franklin County Court of Common Pleas and the Tenth District Court of Appeals.
Worked with the attorney general's office to reduce a school district's liability for a common pleas court settlement to zero dollars. The school district paid nothing to have the case dismissed with prejudice and did not suffer any effect on the premiums as a result.
Advised school districts regarding Americans With Disabilities Act (ADA) and Family and Medical Leave Act (FMLA) issues relating to employee fitness for duty.
Represented a school district in connection with the formation of multiple non-teaching bargaining units, including handling a State Employment Relations Board (SERB) hearing on petition for representation, advising on union campaign issues and negotiating initial contracts.
Won summary judgment in the United States District Court for the Southern District of Ohio in a gender and age discrimination case filed by an ex-employee of a college bookstore. The United States District Court determined that portions of the employee's claims constituted frivolous litigation regarding the defendant’s claim for the award of damages against the plaintiff for frivolous litigation.
Obtained a Knox County Common Pleas defense jury verdict in favor of our client on all counts of a 31-count age and disability discrimination complaint. The jury then awarded $25,000 to the defendant on the defendant’s fraud counterclaim against the plaintiff after finding for our client on all counts of the complaint.
Represented a college in a gender and disability discrimination and wrongful discharge suit. Achieved successful result, including jury award for fraud in counterclaim.
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