Industries & Practices
Health Care 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.
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.
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.
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.
Sexual harassment and retaliation claims against a physician
Advised a hospital board of trustees regarding an investigation into the CEO’s handling of an employee’s sexual harassment and retaliation claims against a supervising physician. Negotiated transition package for the CEO and the removal of the accused physician from the hospital.
Sexual harassment termination and subsequent claims
Represented a regional health system in a harassment lawsuit following the termination of an employee related to her affair with a coworker. She had claimed that ten other influential employees were engaged in consensual affairs with coworkers. We successfully negotiated a settlement on behalf of the health system and avoided depositions and cross-examinations of other employees in court.
Health system crisis protocol
Advised a regional health system’s vice president of human relations regarding the investigation, suspension and ultimate termination of a nurse who allegedly made off-duty threats to an on-duty coworker, including threats of violence involving a firearm. Assisted in revising the health system’s weapons-free policy and crisis protocol for emergency situations.
Hospital executive compensation and severance
Advised a nationally recognized hospital on the negotiation of the departure of multiple members of senior leadership. Drafted employment and separation agreements and negotiated severance amounts. Also advised hospital general counsel on public relations aspects of managing the departures.
Peer review process
Worked with several major hospital systems to improve medical staff peer review processes and to develop sharing of information policies between health care entities within the systems.
Developed a peer review process for physicians employed by hospital-affiliated entities and created documents that permitted the sharing of peer review information between the hospital and the affiliated entity.
Peer review consultant to a hospital pursuant to a corporate integrity agreement.