Industries & Practices
Employment & Labor
Executive-level discrimination investigation
Served as an external investigator for a large organization in response to allegations of race and gender discrimination reported against a member of the organization's senior leadership team. Conducted multiple witness interviews, reviewed relevant documents and prepared a report of highly confidential findings, along with recommendations for next steps.
COVID-19 management counseling
Helped clients understand their legal obligations under new labor and employment laws passed in response to the COVID-19 pandemic. Drafted work-from-home, leave, and reopening policies; advised on mass layoff obligations, terminations, furloughs, unemployment issues, and alternative work arrangements; and recommended best practices for essential workers, safe reopening, employee testing and health assessments, employee travel, and face covering requirements.
Workers’ compensation settlement defense
Represented a medical center in defending a workers’ compensation settlement that was challenged by an employee, who, despite agreeing to the settlement, argued that the settlement amount was insufficient to cover their interests for the reimbursement of medical costs. Defended this settlement in front of the Ohio Industrial Commission, which is the adjudicating body of the Ohio Bureau of Workers’ Compensation, allowing the medical center to leave its fully negotiated settlement agreement intact.
Testimony before the Ohio Senate
Testified before the Ohio Senate on behalf of the National Federation of Independent Businesses regarding House Bill 308, which impacts workers’ compensation benefits for first responders diagnosed with post-traumatic stress disorder as a result of their employment.
Non-compete agreement litigation
Represented a national mortgage loan company in two lawsuits in which the client hired two mortgage loan officers from a competitor, and the competitor sought to enforce the loan officers’ non-compete agreements. Negotiated a global settlement that considerably reduced the length of each employee’s non-compete agreement.
Discrimination and retaliation defense
Defended an international manufacturing company against claims of race, disability and sex-based discrimination and retaliation by a former employee. The case was ultimately dismissed by the Equal Employment Opportunity Commission (EEOC).
Disability discrimination and harassment defense
Defended a health care system against claims of disability discrimination and harassment and Family and Medical Leave Act (FMLA) interference lodged by a 10-year employee against two members of the system’s human resources department and the employee’s former manager. Through extensive negotiations, resolved the matter for a fraction of the employee’s initial demand.
Resolution of civil rights charges against city and police officers
Represented a municipality and police officers sued for civil rights violations nearly two years after an allegedly unconstitutional traffic stop. The federal lawsuit and the disciplinary issues as to the police officers were resolved following negotiations in court and with the police union.
Defense of termination of executive officer
Defended a transportation company against the claims of a C-suite officer who believed the termination was based on sexual orientation discrimination, not performance deficiencies. Successfully resolved the matter for the same amount initially to the employee as severance.
Healthcare client’s bonus program audit
Conducted a full analysis of a healthcare client’s multi-faceted bonus programs to determine compliance with state and federal wage and hour laws. Developed options for changing the criteria of several bonus programs and pay calculations to avoid possible wage law violations regarding the calculation of overtime. Created a plan for correcting possible improper overtime calculations for a two-year look back period.
Sixth Circuit Court of Appeals oral argument
Successfully argued an age discrimination and Family and Medical Leave Act (FMLA) retaliation case before the Sixth Circuit Court of Appeals on behalf of a large manufacturing client.
Union-related risk for hospital acquisition
Managed employment law aspects of merger effort between a major health system and eastern Ohio hospital system with several unions. Counseled the health system on the risks of proceeding with the acquisition and on options for complying with the existing labor contracts. The hospital was able to successfully merge and close an inpatient unit that was unprofitable for the health system without union intervention.