Labor & Employment Litigation

When litigation arises, we first seek to understand our clients' goals, and then leverage our extensive experience in state and federal courts throughout the country to defend against wrongful discharge claims, various employment-related tort actions, and state and federal claims of unlawful discrimination. We represent our clients before all governmental bodies charged with the enforcement of employment statutes and policies, such as the National Labor Relations Board and the Federal Equal Employment Opportunity Commission. In response to the significant complications that the Americans with Disabilities Act and the Family and Medical Leave Act have brought to state workers' compensation claims, we have also developed an extensive workers' compensation defense practice.

Clients look to Baker Donelson to ensure their compliance with employment-related laws and regulations such as Title VII of the Civil Rights Act of 1964, the Americans with Disabilities Act of 1990, the Age Discrimination in Employment Act, Family and Medical Leave Act, Equal Pay Act of 1963, Work Adjustment and Retraining Notification Act, Drug Free Workplace Act of 1988 and the Fair Labor Standards Act, state fair employment practice acts, and many others. We conduct human resource audits and have also developed extensive training programs for client supervisors and managers on union avoidance, workplace harassment prevention, FMLA management and drug-free workplace, among others.

Our experience, reputation, and proven cost-effective representation of our clients' labor and employment matters is well-known, and our ability to deliver more than just labor and employment services to our clients is just one more way we have your company's best interests at heart.

Representative Matters

• Won appellate victory for major commercial airline company in a sexual harassment case. A jury found that a former employee of the company had suffered harassment, but awarded only nominal damages. The plaintiff appealed, alleging failure to award substantial damages and back pay. An opinion was ultimately issued in our client's favor, denying the request for new trial or further relief.
• Obtained dismissal of a $10.5 million action against piano string manufacturer that included purported causes of action under the Tennessee Public Protection Act and common law prohibition against retaliatory discharge and outrageous conduct.
• Defended two nationwide restaurant chains in three wage and hour class actions that included over 21,000 class plaintiffs. The class plaintiffs alleged in one or more of the cases that the defending restaurants had improperly treated their managers and assistant managers as exempt from the overtime pay and minimum wage requirements of the Fair Labor Standards Act because, among other things, they had allegedly required the managers and assistant managers to make up cash shortages and perform nonmanagerial work. They also alleged that the restaurants had worked non-exempt employees off the clock and had improperly taken the tip credit.
• Won an ERISA/breach of contract case in the Sixth Circuit Court of Appeals for a physicians group after three years of litigation.
• Represented doctor against medical practice corporation in successful arbitration of $500,000 claim under employment and golden parachute contracts after termination of employment.
• Defended doctor in gender discrimination suit by former employee nurse and paramour and obtained favorable settlement, which prohibited re-employment.
• Defended four individual and three corporate real estate defendants in allegations arising under the Fair Housing Act, where former agent claimed discrimination in assignment of leads and termination of contract because she defended the rights of those claiming discrimination in housing. Trial resulted in a limited judgment only against defunct corporate defendant.
• Defended tobacco company in claim by Steamfitters Union on behalf of its members for health benefits paid as a result of smoking-related illnesses. Dismissal granted to client by Tennessee Court of Appeals on interlocutory appeal.
• Represented midwestern steel fabricating company in defense of unfair labor practice matters filed against it by the Teamsters (all were dismissed). Also represented the same employer in charges it brought against the Teamsters that ultimately resulted in the NLRB successfully seeking enforcement of the NLRB's order against the Teamsters by the United States Court of Appeals for the Seventh Circuit.
• Defended client in metals galvanizing industry in joint TOSHA/TDEC multi-media enforcement case, evaluating respiratory protection, hazard communication requirements for non-English speaking employees and other issues.
• Represented nationally known pest control company to successfully enforce a non-compete agreement against a former employee who began contacting our client's customers and encouraging them to move their business to the new employer. Employee conceded to claims at hearing on the motion for a preliminary injunction.
• Obtained a dismissal for Belfor USA Group, a general construction contractor, from a workers' compensation claim brought by the employee of a subcontractor previously in a collective action seeking overtime wages from Belfor under the Fair Labor Standards Act.
• Obtained a dismissal for Viking Range Corporation against claim of mesothelioma contraction due to exposure to asbestos fibers from the clothing of the spouse who worked around commercial baking ovens which allegedly contained asbestos materials.