Nashville Employment Attorney

Results

Below are examples of matters we have recently handled for our clients.

Age Discrimination

October 2017

Represented three salesperson in age discrimination, harassment and retaliation matter. Successfully negotiated settlement agreements for clients without having to file suit.

Disability Discrimination

June 2018

Represented medical sales representative in disability discrimination and retaliation case. Successfully negotiated substantial severance, mutual release and settlement agreement for client without having to file suit.

Employment-Related Agreements

May 2018

Represented three executives and regional presidents of healthcare company in successful negotiations of severance and mutual release agreements.

Race Discrimination

March 2018

Represented four salespersons in race discrimination, harassment and retaliation case in federal court. Case settled following 11 months of litigation.

October 2017

Represented six admissions representatives and executive director of career college in race discrimination, harassment and retaliation case in federal court. Case settled following nearly four years of administrative proceedings and litigation.

June 2017

Represented manufacturing plant electrical assembler in race discrimination, harassment and retaliation case in federal court. Case settled following nearly three years of litigation.

February 2017

Represented regional administrator of home health care company in race and gender discrimination case in federal court. Case settled following 17 months of litigation.   

Religious Discrimination

October 2017

Represented physician in refusal to hire because of religion, race, color, and national origin case in federal court. Case settled following 10 months of litigation.

Retaliation

October 2017

Represented patrolman and security officer in disability associational discrimination, FMLA family care interference and retaliation, and retaliation for refusing to participate in and remain silent about illegal activity under Tennessee law case in federal court. Case settled following one year of litigation.

September 2017

Represented executive chef in FMLA, ADA, and Tennessee common law retaliatory discharge for filing a workers’ compensation claim case in federal court. Case settled following six months of litigation.   

Retaliation in Public Employment

November 2017

Mayhew v. Town of Smyrna, 856 F.3d 456 (6th Cir. 2017); OSHA No. 4-1760-14-081
(2017). Represented longtime Lab Supervisor of Town wastewater treatment plant in First Amendment retaliatory discharge case under 42 U.S.C. § 1983 in federal court and in parallel proceeding under whistleblower provisions Federal Water Pollution Control Act before U.S. Department of Labor, Occupational Safety and Health Division. District court granted employer’s motion for summary judgment on § 1983 claims. Court of appeals reversed judgment in part, holding that portions of employee’s speech activity involved matters of public concern, and remanded case for trial. Meanwhile OSHA found in employee’s favor on FWPCA claim and awarded him reinstatement plus back pay, compensatory damages and attorney’s fees and costs totaling $413,963.25. All matters in dispute between the parties settled following over three years of litigation.

Sexual Harassment

September 2017

Represented two employees of homes for intellectually and developmentally disabled individuals in sexual harassment and retaliation case in federal court. Case settled following over two years of litigation.

 

Below are additional examples of matters we handled, organized alphabetically by case type, from 2004 through 2016.

Age Discrimination

March 2015

Represented plant manager in age discrimination case in federal court. Case settled following over three years of litigation and shortly before trial.

April 2014

Pierson v. Quad/Graphics Printing Corp., 749 F.3d 530 (6th Cir. Apr. 18, 2014). Represented Plant Facilities/Engineering Manager in age discrimination case in federal court. District court granted employer’s motion for summary judgment and dismissed case. Court of appeals reversed judgment, held that employee presented evidence establishing genuine issues of material fact as to several elements of his claims, and remanded case for a jury trial. Case resolved thereafter.

May 2013

Represented longtime high school French and English teacher in age discrimination and retaliation for opposing age discrimination case in federal court. Court denied school’s motion for summary judgment as to both claims. Case settled following over two years of litigation and shortly before trial.

May 2012

Represented former product delivery driver in age discrimination and retaliation for opposing age discrimination case in federal court. Case settled following seven months of litigation.

August 2007

Represented four call center nurses in age discrimination case in federal court. Case settled following one year of litigation.

January 2007

Tuttle v. Metropolitan Government of Nashville, 474 F.3d 307 (6th Cir. 2007). Court of Appeals reversed district court judgment granting Government's post-trial motion for judgment as a matter of law on employee's age discrimination and retaliation claims and reinstated $199,200 jury verdict in her favor (see June 2005, below). District court then awarded employee attorney's fees, expenses, and interest.

June 2005

Tuttle v. Metropolitan Government of Nashville, No. 3:03-1063 (M.D. Tenn.). Government discharged former clerical employee for alleged performance problems. Employee filed suit for age discrimination and retaliation. Court denied employer’s motion for summary judgment. After four-day trial, jury returned verdict for employee on both claims and awarded her $199,200. District court then granted Government's oral motion for judgment as matter of law. Employee appealed and prevailed (see January 2007, above).

Disability Discrimination

August 2015

Represented construction products salesperson in failure to accommodate and discharge following total knee replacement case before U.S. Equal Employment Opportunity Commission. Successfully negotiated severance and settlement agreement for client without having to file suit.

June 2015

Represented longtime registered nurse in refusal to rehire because of breast cancer and/or for requesting and exercising reasonable accommodation/medical leave case in federal court. Case settled following nine months of litigation.

November 2014

Represented salesperson in disability discrimination and retaliation, defamation, and unjust enrichment matter. Successfully negotiated substantial severance and settlement agreement for individual without having to file suit.

September 2013

Represented former car wash manager/site attendant in disability discrimination case. Court granted plaintiff-employee’s motion for summary judgment and set case for trial as to his damages. Case later settled following 23 months of litigation.

December 2012

Represented employee of contractor at automobile manufacturing plant in disability discrimination, failure to reasonably accommodate, and retaliation for requesting accommodation case in federal court. Case settled following 11 months of litigation.

October 2012

Represented restaurant General Manager in disability discrimination and retaliation for requesting reasonable accommodation case in federal court. Court denied restaurant's motion for summary judgment in its entirety. Case settled following 14 months of litigation and two weeks before trial.

August 2011

Jones v. Nissan North America, Inc., No. 09-5786, 2011 U.S. App. LEXIS 17412 (6th Cir. Aug. 18, 2011). Represented automobile manufacturing plant technician in disability discrimination case in federal court. District court incorrectly denied employee's motions for judgment as a matter of law and incorrectly charged the jury, which returned an adverse verdict. Court of appeals reversed judgment, took away adverse verdict, ordered that judgment be entered in favor of employee, and remanded case for a determination of employee's damages.

August 2011

Represented firefighter/emergency medical technician in disability discrimination case in federal court. Case settled following seven months of litigation.

January 2011

Represented diabetic warehouse worker in failure to reasonably accommodate and discriminatory discharge case in federal court. Case settled following 17 months of litigation.

November 2010

Powell v. Tennessee State University, No. 3:09-cv-957 (M.D. Tenn.). Represented bus driver in constructive discharge and retaliation for requesting reasonable accommodation case under federal Rehabilitation Act. Following four-day trial, jury found in favor of employee and awarded him $43,500 in damages. University further paid employee's attorney's fees and costs along with prejudgment interest on the verdict.

April 2010

Represented 20-year automobile manufacturing plant technician in disability and race discrimination and retaliation case in federal court. Case settled following two months of litigation after filing of, and before hearing on, employee's motion for an injunction ordering that he be returned to work.

February 2008

Represented construction superintendent in disability discrimination case before Equal Employment Opportunity Commission. EEOC issued determination finding cause to believe employer violated ADA and case settled.

January 2007

Represented electrical laborer in disability discrimination case in federal court. Challenged employer's "no light duty work for injured employees" policy under ADA as illegal "100% healed rule." Court denied employer's motion for summary judgment and case settled.

March 2006

Represented disaster recovery services manager and cancer survivor in disability discrimination case in federal court. Court denied employer's motion for summary judgment. Case settled shortly before trial.

Employment-Related Agreements

May 2016

Represented corporate executive in successful negotiation and revision of severance, non-competition, and mutual separation and release agreement.

March 2015

Represented Vice President of Communications of publicly traded company in successful negotiation of substantial severance agreement.

October 2014

Represented longtime Head Nurse/Nurse Manager at large hospital in breach of contract, promissory estoppel, and misrepresentation case in state court. Case settled following a year of litigation.

September 2014

Represented three outside salespersons in breach of contract, promissory estoppel, and misrepresentation case in federal court. Court denied employer’s motion for summary judgment and dismissed counterclaims against employees. Case settled following over two years of litigation and one week before trial.

July 2014

Represented Executive Vice President of college in successful negotiation of substantial severance agreement.

May 2014

Represented Chief Marketing Officer in restaurant industry in successful negotiation of substantial severance agreement and subsequent independent contractor and employment agreements.

June 2013

Represented 35-year restaurant operations manager in successful negotiation of separation and severance agreement.

September 2012

Represented managing partner and executive vice president of company in successful negotiation of separation and severance agreement.

April 2012

Represented administrator and finance director of surgery section of major research and teaching hospital in successful negotiation of substantial severance agreement.

July 2011

Represented former executive director of city/county industrial development office in breach of contract matter, which settled before lawsuit was filed.

November 2010

Represented former marketing executive in successful negotiation of $500,000-plus severance agreement.

July 2005

Murfreesboro Medical Clinic, P.A. v. Udom, 166 S.W.3d 674 (Tenn. 2005). Clinic decided not to extend physician's employment, and sued him on non-competition clause in employment contract. Chancery Court enjoined physician from practicing medicine in Smyrna, Tennessee, and held non-compete enforceable. Court of Appeals reversed injunction, but affirmed holding that non-compete was enforceable. Physician argued that non-compete was (1) unreasonable in circumstances, (2) overbroad and not narrowly tailored to protect legitimate business interests, and (3) against public policy favoring patients' rights to continue care with physician. Supreme Court reversed Court of Appeals' judgment and held that, except where specifically authorized by statute, physician non-competition agreements are unenforceable and void.

Note: effective January 1, 2008, physician non-competition agreements are enforceable in certain circumstances in Tennessee in accordance with new legislation codified at Tenn. Code Ann. § 63-1-148. Please consult counsel with any questions about such agreements.

Family and Medical Leave Act (FMLA)

May 2013

Represented banking transaction security analyst in retaliation for taking medical leave and requesting reasonable accommodation case in federal court. Case settled following one year of litigation.

May 2011

Mitchell v. TSU, et al., Case No. 3:09-cv-920 (M.D. Tenn.). Represented longtime tenured college professor in retaliation for taking medical leave case in federal court. Professor lost his Department Head position, but retained his professor position, because he requested and exercised reasonable accommodation in the form of medical leave. Decision maker admitted that had professor not taken medical leave, he would not have lost his Department Head position. Following 20 months of litigation, case settled for $200,000.

October 2009

Represented speech writer for university president in FMLA and disability discrimination case in state court. Case settled following two and one-half years of litigation.

August 2008

Bryant v. Dollar General Corp., 538 F.3d 394 (6th Cir. 2008). Court of Appeals affirmed district court's judgment entering jury verdict in employee's favor and doubling her damages under the FMLA (see November 2006, below) on the basis that both the FMLA and its implementing regulations prohibit an employer from discharging an employee in retaliation for taking FMLA leave.

November 2006

Bryant v. Dollar General Corp., No. 3:05-840 (M.D. Tenn.). Employer discharged employee, a senior programmer analyst, for allegedly discussing written discipline with a co-worker. Employee demonstrated at trial that real reason for discharge was her taking FMLA leave for serious health conditions. Jury found in favor of employee and awarded her $73,942.68, the maximum amount available to her under the FMLA. Court further awarded her liquidated (double) damages under the statute resulting in $147,885.36 damage award, plus attorney's fees, expenses, and interest.

Gender and Pregnancy Discrimination

May 2015

Represented design director at publicly traded company in gender discrimination and retaliation matter. Successfully negotiated substantial severance and settlement agreement without having to file suit.

April 2009

Represented Health Services Administrator at local prison facility in pregnancy discrimination and retaliation case in federal court. Case settled following 20 months of litigation.

December 2007

Represented male nurse in race and gender discrimination case in federal court. Case settled following nine months of litigation.

Race and National Origin Discrimination

September 2016

Represented salesperson in race discrimination, harassment and retaliation case in federal court. Court denied defendant’s motion for summary judgment on all claims. Accepted defendant’s $237,500 offer of judgment following 21 months of litigation.

February 2016

Represented three salespersons in race discrimination, harassment and retaliation case in federal court. Case settled following 10 months of litigation.

February 2015

Represented two salespersons in race discrimination and retaliation case in federal court. Case settled following 10 months of litigation.

February 2015

Represented five salespersons in racial harassment and retaliation case in federal court. Case settled following 17 months of litigation.

March 2014

Represented former restaurant General Manager and four other employees in race discrimination, racial harassment and retaliation case in federal court. Case settled following 20 months of litigation.

November 2013

Represented two automobile dealership managers and one salesperson in race discrimination and retaliation case in federal court. Court denied dealership’s motion for summary judgment. Case settled following 17 months of litigation.

February 2012

Represented two longtime registered nurses in race discrimination and retaliation case in federal court. Court denied defendant hospital's motion for summary judgment. Case settled following 16 months of litigation and less than one week before trial.

January 2012

Represented three college admissions representatives in race discrimination, racially hostile work environment and retaliation case in federal court. Court denied college's motion for summary judgment. Case settled following 16 months of litigation and five days before trial.

July 2011

Represented store sales manager in failure to promote and constructive discharge case in federal court. Employee presented direct evidence of race-based discriminatory animus, evidence of racially disparate treatment, and evidence of shifting justifications for the failure to promote from which a jury could infer that employer was dissembling to mask discrimination. Case settled following two years of litigation.

June 2011

Represented three employees of product sales organization in racially disparate treatment and retaliation case in federal court. Case settled following 14 months of litigation.

June 2010

Represented nine African-American and Caucasian hourly and managerial restaurant employees in race discrimination and retaliation case in federal court. Employees presented testimony of other non-party current and former employees evidencing discriminatory animus and supporting claims of disparate treatment and retaliation for reporting, opposing and refusing to participate in illegal conduct. Hourly and managerial employees' claims settled following 12 and 18 months of litigation, respectively.

May 2010

Represented six managers and salespersons in race discrimination case in federal court. Case settled following 17 months of litigation.

July 2008

Represented college football coach in race/marriage discrimination case in federal court. Case settled following 20 months of litigation.

April 2008

Represented six managers and salespersons in racial harassment, gender identity discrimination, and retaliation case in federal court. Case settled following 13 months of litigation.

March 2008

Represented college mathematics instructor in race and national origin discrimination case in federal court. Case settled following 13 months of litigation.

November 2006

Carr, et al. v. Tanner, et al., No. 3:05-654 (M.D. Tenn.). Represented 11 managers and employees of two former Nashville car dealerships in racial discrimination and harassment, fraud, and breach of contract case in federal court. Case settled for $2,700,000.

August 2005

Represented longtime registered nurse in racial harassment case in federal court. Case settled following 12 months of litigation and employee retained her job.

October 2004

Represented physician in race and national origin discrimination case in federal court. Court denied employer's motion for summary judgment. Case settled seven days before trial.

Retaliation

October 2016

Represented former sales director and manager in case alleging retaliation for opposing, reporting, and refusing to remain silent about wage and hour, overtime, and time keeping violations and for filing a collective action lawsuit under the Fair Labor Standards Act (FLSA) in federal court. Case settled following 20 months of litigation.

May 2015

Represented school board bookkeeper and administrative assistant in discrimination and retaliation case under 42 U.S.C. § 1983, the Family and Medical Leave Act, the Public Employee Political Freedom Act, the Tennessee Public Protection Act, the Tennessee Human Rights Act and the Tennessee Disability Act based on her rights to communicate with public officials about matters of public concern and to be free from various types of workplace discrimination and retaliation. Case settled following five months of litigation.

April 2015

Represented elementary school teacher in First Amendment retaliation case under 42 U.S.C. § 1983 and the Tennessee Public Protection Act and the anti-retaliation provisions of the ADA, the Rehabilitation Act of 1973, the Tennessee Human Rights Act and the Tennessee Disability Act based on her rights to communicate with school officials and others about matters of public concern and to advocate on behalf of disabled students without being retaliated against for doing so. Case settled following eight months of litigation.

November 2014

Represented City Codes Enforcement Officer in First Amendment retaliation case under 42 U.S.C. § 1983, the Public Employee Political Freedom Act, and the Tennessee Public Protection Act based on her right to communicate with public officials about matters involving the public health, safety and welfare without being retaliated against for doing so. Case settled for $200,000 plus litigation expenses following a year of litigation.

November 2014

Represented home health care coordinator in retaliatory discharge from employment for complying with jury summons case under Tennessee Jury Duty Statute and common law. Case settled following 10 months of litigation.

September 2012

Represented licensed practical nurse in retaliation case under Tennessee Whistleblower Statute in federal court. Case settled following three months of litigation.

August 2010

Heriges v. Wilson County, Tennessee, No. 3:09-cv-362 (M.D. Tenn.). Represented animal control officer and supervisor in First Amendment retaliation case under 42 U.S.C. § 1983 and the Public Employee Political Freedom Act. Following four-day trial, jury found that defendants disciplined, demoted, and discharged employee for speaking to elected public officials on matters of public concern, including violations of state statutes applicable to animal control facilities, and awarded her $600,000 in damages. The court granted her motion to triple the portion of damages awarded under the PEPFA, bringing the award to $950,000, and awarded $176,816 in attorneys' fees and costs, resulting in a final judgment of $1,126,816.

December 2009

Represented putative class of cable television installation technicians in retaliation for opposing failure to pay overtime wages case under Fair Labor Standards Act in federal court. Obtained preliminary injunction ordering company to reinstate employees and post 24" x 36" poster in its workplace notifying all employees that they will not be retaliated against for exercising their rights under the FLSA.

November 2009

Represented restaurant general manager in retaliation for reporting and opposing gender-based harassment case in state court. Case settled following multiple appeals and nearly four years of litigation.

February 2009

Franklin v. City of Mt. Juliet, Tennessee, et al., No. 3:08-0155 (M.D. Tenn.). Represented former City Planner in First Amendment retaliation case based on public employees’ rights to speak on matters of public concern and to communicate with public officials about illegal or unethical activity without fear of reprisal. Case settled for $166,000 following one year of litigation.

May 2005

Bryan v. City of New Johnsonville, Tennessee, et al., No. 3:03-0307 (M.D. Tenn.). Represented former City Recorder in suit filed under 42 U.S.C. § 1983 for retaliatory discharge in violation of First Amendment right to engage in speech activity on matters of public concern. Court denied employer’s motion for summary judgment. Case settled for $225,000 plus reinstatement of lifetime retirement benefits and an apology letter.

Sexual Harassment

February 2016

Represented research laboratory manager in sexual harassment and constructive discharge case. Successfully negotiated substantial settlement agreement for client without having to file suit.

February 2011

Represented former executive assistant in retaliation for refusing to submit to sexual demands case. Case settled before lawsuit was filed.

March 2009

Represented former executive assistant in sexual harassment and retaliation case in federal court. Case settled following 13 months of litigation.

February 2005

Represented two restaurant workers in supervisor and co-worker sexual harassment, retaliation, and constructive discharge case in federal court. Court denied the defendants’ motion for summary judgment on all nine claims asserted. Case settled day before trial date.

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