Labor and Employment Litigation

Calfee’s labor and employment litigators handle charges of discrimination before the Ohio Civil Rights Commission, Equal Employment Opportunity Commission, and State Fair Employment Practices agencies nationwide. On the administrative level, our lawyers represent employers in affirmative action investigations by the Office of Federal Contract Compliance, minimum wage, overtime, and Family and Medical Leave Act complaints before the Department of Labor, and investigations by the Occupational Safety and Health Administration and Ohio Environmental Protection Agency. We represent management before the National Labor Relations Board on petitions for union representation and in defense of unfair labor practice charges. A regular function of the practice is the defense of state-fund and self-employers in claims for workers’ compensation benefits.

In addition to the defense of employers in charges and complaints before state and federal administrative bodies, our lawyers defend management in state and federal court litigation arising from complaints of discriminatory harassment and age, sex, race, religion, national origin, and disability discrimination under state and federal laws, Family and Medical Leave Act, Fair Labor Standards Act, WARN, and intentional tort claims. Additionally, our litigation attorneys provide aggressive, cost-effective defense of claims of “wrongful discharge” and violations of individual employment rights and specialize in the enforcement and prosecution of non-competition and confidentiality agreements.

  • Employment discrimination litigation in federal and state courts and before administrative agencies
  • Defense of “wrongful discharge” claims
  • Representation of management in National Labor Relations Act litigation
  • Collective bargaining agreement enforcement action
  • Actions concerning wage and hour issues under federal and state law
  • Defense of actions concerning affirmative action laws and regulations
  • Trade secret and confidentiality protection and prosecution
  • Defense of intentional and/or negligent infliction of emotional distress, interference with business relationships, and/or defamation claims
  • Actions to enforce and contest non-compete covenants
  • Litigation of actions concerning the federal plant closing (WARN) law
  • Defense of claims under Ohio’s wage payment, “whistle blowing,” and other employment related statutes
  • Defense of intentional tort claims relating to workplace injuries
  • Defense of actions filed by discharge executives

 Representative Projects

  • Obtained $2 million judgment plus attorneys fees and 100% ownership of corporation stock, restoration of client to CEO and Board Chair positions, and verdicts on counterclaims of defamation, false light, tortious interference, breach of fiduciary duty, self dealing, and breach contract following three week jury trial against corporation’s founders.
  • Represented major municipality in action against state Bureau of Workers’ Compensation to recover multi-million dollar overpayments of workers’ compensation premiums charged over nine year period.
  • Defended employer in disability discrimination litigation to establish that discharged plaintiff-employee had engaged in physical activity during period of alleged disability which was prohibited by medical limitations imposed by his treating physicians.
  • Obtained worldwide injunctive relief to enforce unfair competition agreement to preclude former Senior Product Development Engineer from providing product development services to competing manufacturer of safety products.
  • Obtained consent agreement following commencement of litigation to enforce non-competition, non-solicitation, and non-disclosure covenants in Management Stockholder’s Agreement to preclude unfair competition by former employee in national industrial gas business.
  • Successfully defended against $8 million third-party claims brought by administrators and fiduciaries of employee benefit plans against employer of plan beneficiaries alleging violations of ERISA and the Labor Management Relations Act, unjust enrichment, negligent misrepresentation, indemnification, and contribution.
  • Successfully enforced claims by national manufacturing client against former employee and new employer in Florida following discovery that, while on medical leave, former employee had misappropriated and forwarded confidential designs and proprietary information to new employer in direct competition with manufacturing client, resulting in discharge of employee, return of all proprietary information, and shut down of competing enterprise.
  • Provided harassment training to a U.S. subsidiary of foreign manufacturer to address complaints of unwelcome comments by members of its predominantly white male work force and instituted training of all supervisory and management employees to ensure a harassment-free workplace.

 

Additional Internet Resources

  • Bureau of Labor Statistics http://stats.bls.gov
  • Congressional Record www.gpoaccess.gov/crecord/index.html
  • Department of Justice www.usdoj.gov
  • Department of Labor www.dol.gov
  • Equal Employment Opportunity Commission www.eeoc.gov
  • Federal Mediation and Conciliation Service www.fmcs.gov/internet
  • Federal Register www.gpoaccess.gov/fr/index.html
  • Federal Register Table of Contents www.access.gpo.gov/su_docs/fedreg/ frcont04.html
  • National Labor Relations Board www.nlrb.gov/nlrb/home/default.asp
  • National Mediation Board www.nmb.gov
  • S. Federal Government Agencies Directory www.lib.lsu.edu/gov/fedgov.html
  • S. House of Representatives www.house.gov
  • S. Senate www.senate.gov
  • White House www.whitehouse.gov