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Joseph N. Gross

Co-General Counsel of the Firm
Cleveland
T.
216.363.4163
liamE

Joe focuses his practice on a variety of labor and employment matters, including workers' compensation defense. He is certified by the Ohio State Bar Association as a Specialist in Labor & Employment Law. He also serves as Co-General Counsel of the Firm. 

Before becoming an attorney, Joe spent 18 years in the steel industry, working in several management areas, including industrial engineering, accounting, finance, and strategic planning. Joe frequently speaks on the topics of labor and employment, workers' compensation, and legal professionalism and ethics.

Representative Experience

  • Opposed a complaint and motion for a temporary restraining order filed by the former employer of two of client’s current employees. Argued the client’s position at hearing. Motion was denied and plaintiff dismissed case.
  • Compelled arbitration of claims asserted by an independent contractor for alleged discrimination and retaliation under Title VII.
  • Represented Shearer’s Foods, LLC in matters including conducting #metoo Sexual Harassment and union avoidance trainings at five facilities, OSHA investigations in Ohio and Iowa, a discrimination lawsuit in Oregon, a business defamation claim in Nevada, a class action in Ohio and a wrongful death claim against four supervisors in Iowa state court arising out of the same incident.
  • ​Represented a private equity sponsor in its acquisition of the assets of a domestic and international intermodal drayage and transportation logistics company.
  • Defended several nursing homes in employment intentional tort and retaliation cases. Obtained summary judgment on behalf of a nursing home in a wrongful discharge and defamation case in Ohio and recovered attorney fees on behalf of the client pursuant to Ohio’s Frivolous Conduct Statute.
  • Worked with a large health care provider to lower both its claims and administrative costs by advising on how to become self-insured for workers' compensation.
  • Represented a nursing home in wage/hour litigation in federal and state court. The plaintiff initially filed a collective action in U.S. District Court (N.D. of Ohio). Nursing home prevailed in this case upon a motion to dismiss based on the Fair Labor Standard Act companionship exemption. Plaintiff then re-filed in Cuyahoga County Common Pleas Court. This second case was vigorously defended and plaintiff voluntarily dismissed the action with prejudice on the eve of trial.
  • Represented a national specialty health care provider in a False Claim Act retaliation case.
  • Represented a dental service organization in a discrimination case.
  • Represented health care employers during union organization drives.

  • Labor & Employment
  • Employment Litigation & Counseling
  • Administrative Agency Proceedings
  • Employment Law Counseling
  • OSHA/Workers' Compensation Matters
  • Collective Bargaining
  • Arbitrations
  • Dental Support Organizations (DSOs)
  • Transportation & Logistics
  • Manufacturing
  • Energy
  • Not-for-Profit
  • University of Missouri, 1976, B.S. Industrial Engineering
    • with honors
  • Southern Illinois University, 1980, M.B.A.
  • Cleveland State University College of Law, 1991, J.D.
    • summa cum laude
  • Ohio
  • U.S. District Court for the Northern District of Ohio
  • U.S. District Court for the Southern District of Ohio
  • U.S. District Court for the Eastern District of Michigan
  • U.S. Court of Appeals for the Sixth Circuit
  • Listed, The Best Lawyers in America®, Employment Law – Management; Labor Law - Management; Litigation - Labor and Employment, 2018-2021, 2024, 2025
  • Listed, Benchmark Litigation, Labor & Employment Star, 2020
  • Listed, Ohio Super Lawyers, Labor & Employment, 2004-2025
  • Listed, Chambers USA Leading Lawyers
  • Labor & Employment OSBA Certified Labor and Employment Law Specialist 2015-2017
  • AV®Rated, Martindale-Hubbell Peer Review 
  • Acritas Star – independently rated lawyer
  • Director and Past President, Cleveland Metropolitan Bar Association
  • Former Trustee, Past Treasurer and Executive Committee Member, Cleveland Metropolitan Bar Association
  • Member, Membership Committee, Fiscal Policy Committee, and Fee Dispute Committee, Cleveland Metropolitan Bar Association
  • Member and Past Chair, Certified Grievance Committee, and Ethics and Professionalism Committee, Cleveland Metropolitan Bar Association
  • Board Member, Cleveland Metropolitan Bar Foundation
  • Board Member and Past President, Cleveland Law Library Association
  • Member, Ohio State Bar Association
  • Member, Fee Dispute Arbitration Committee, Ohio State Bar Association 
  • Adjunct Professor, Professional Responsibility, Cleveland-Marshall College of Law at Cleveland State University
  • Member, LeadDIVERSITY class of the National Conference for Community and Justice
  • Master of the Bench, The Cleveland Employment Inn of Court
  • Advisory Board Member, The Miller-Becker Center

Highlights

Gross 2014 Chambers Logo

Martindale AV Rating
Gross Chambers 2017
Gross Chambers 2016
Gross 2014 Chambers Logo

Martindale AV Rating
Gross Chambers 2017
Gross Chambers 2016
Gross 2014 Chambers Logo

Martindale AV Rating
Articles and Presentations
December 11, 2024
Navigating the Jungle of Generative AI’s Legal Issues | Joseph N. Gross
November 21, 2024
Managing Leaves of Absence | Christopher W. Pendleton, Joseph R. Blalock, Joseph N. Gross
October 31, 2024
NLRB’s General Counsel Declares “Stay-or-Pay” Provisions Unlawful, Employers Given 60 Days to Comply (Deadline: December 6, 2024)

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News
December 17, 2024
49 Benesch Attorneys Selected to 2025 Ohio Super Lawyers and Rising Stars
August 15, 2024
132 Benesch Attorneys Recognized in 2025 Best Lawyers® Rankings
December 30, 2023
41 Benesch Attorneys Selected to 2024 Ohio Super Lawyers and Rising Stars Lists

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