He advises clients on compliance with Title VII, the Age Discrimination in Employment Act, the Americans with Disabilities Act, the Family and Medical Leave Act, the Fair Labor Standards Act, the WARN Act, the Davis-Bacon Act, and similar state and local laws. He counsels clients on traditional labor law matters arising under the National Labor Relations Act, including the negotiation and interpretation of collective bargaining agreements; drafting and reviewing personnel policies for compliance with state and federal law; drafting employment, independent contractor, non-competition, non-solicitation, confidentiality, and severance agreements; and I-9 compliance counseling.
A significant portion of Jason’s practice is devoted to employment litigation. He defends employers before state and federal administrative agencies and state and federal courts in claims involving discrimination, harassment, retaliation, wrongful discharge, state and federal wage and hour laws, and leave of absence laws. Jason’s litigation practice also includes representing employers in actions to enforce and defend trade secret and non-compete matters, which actions often involve appearing in court to obtain temporary restraining orders and other injunctive relief as to former employees who violate non-compete, non-solicitation, and non-disclosure covenants. Jason has also successfully arbitrated many grievances on behalf of employers with unionized workforces in cases involving both disciplinary actions and contract interpretation.
Jason has written and spoken on numerous labor and employment issues, including employee leave rights, records retention requirements, I-9 compliance and enforcement, drafting enforceable non-compete agreements, Davis-Bacon prevailing wages, employer requirements for returning to work military personnel, and NLRB developments.
Jason previously practiced law at Vorys, Sater, Seymour and Pease LLP before joining Calfee in 2007. He is a founding board member and former secretary of the Central Ohio affiliate of the National Asian Pacific American Bar Association. Jason also is a former valedictorian of St. Ignatius High School in Cleveland, Ohio, who, along with his brother Jeff, remain the only set of brothers to have been named valedictorian of St. Ignatius in consecutive years.
- Obtained summary judgment on behalf of national manufacturing client in age and disability discrimination lawsuit before the Lorain County Court of Common Pleas.
- Obtained summary judgment on behalf of international retail company in hotly-contested reverse race discrimination lawsuit in U.S. District Court for the Southern District of Mississippi, Jackson Division.
- Successfully obtained dismissal of breach of contract, intentional infliction of emotional distress, promissory estoppel, and age discrimination claims on behalf of large paint company in Medina County Court of Common Pleas, after a favorable settlement and dismissal of remaining race discrimination claim was negotiated for nuisance value.
- Obtained dismissal of sexual harassment and negligent supervision lawsuit brought against franchisee, franchisor, and parent company of franchisor of fast-food restaurants in Cuyahoga County Court of Common Pleas.
- Successfully represented a national safety helmet manufacturer by commencing litigation against a former employee/engineer with significant knowledge of employer’s confidential designs and technical information to enforce the terms of noncompetition and nondisclosure agreement, by obtaining an emergency temporary restraining order and preliminary injunction in Cuyahoga County Court of Common Pleas to prevent former employee from joining a competitor in California. The former employee was made to comply with his post-employment obligations, as the competing employer revoked his offer of employment when faced with the preliminary injunction issued by the Court.
- Successfully obtained injunctive relief from state and federal courts in Ohio on behalf of international paper packaging company to enforce the terms of noncompetition agreements with former sales employees and with former distributor and to prevent former employees and former distributor from working with competitors during non-competition period.
- Successfully represented national manufacturing client in eleven count action filed in the U.S. District Court for the Southern District of Florida against former employee and new employer after discovering that former employee used her time off while out on medical leave to join a new competing venture and forwarded hundreds of emails containing the company’s confidential designs and business information. The new employer terminated the former employee, returned all company property back to the client, and, during the litigation, eventually decided to shut down its business completely.
- Successful negotiation of favorable settlement and dismissal of tortious interference and breach of duty of loyalty claims against retail client and its new hire accused by the hire’s former employer of misappropriating confidential business information. Obtaining a favorable settlement was in large part due to the filing of a strong motion for summary judgment on behalf of client and new hire, who was hired to run a new business division to compliment and serve the company’s core business in the retail area.
- Successfully represented large specialty chemicals and materials technology client in various discharge and contract interpretation arbitrations against union.
- Coordinated and conducted comprehensive audits of a large public universities and large insurance company’s workforces for proper classification of exempt and non-exempt positions from overtime requirements under the Fair Labor Standards Act.
- Represented large manufacturer of plastic molds in I-9 audit by U.S. Department of Homeland Security and Immigration and Customs Enforcement, successfully avoiding monetary penalties and debarment from federal contracts.
- Obtained dismissals and “no probable cause” findings in favor of several employers in various discrimination actions before the Ohio Civil Rights Commission and Equal Employment Opportunity Commission.
- Labor and Employment
- Labor and Employment Litigation
- The Ohio State University Moritz College of Law, J.D., cum laude, 2003
- University of Pennsylvania, B.A., 2000
- State of Ohio
- U.S. District Court (Northern and Southern Districts of Ohio)
- U.S. Court of Appeals for the Sixth Circuit