Joseph N. Gross

Advised several employers on remaining union-free.

Represented several employers during union organization drives.

Represented a global manufacturer in welding rod litigation.

Defended a transportation company in an age discrimination case in federal court.

Defended a public relations firm on a claim that it should have paid unemployment compensation contributions to the state for its independent contractor telephone operators.

Defended a manufacturing firm before the National Labor Relations Board on an unfair labor charge claiming that the firm discriminated against union supporters.

Brought action to enforce non-solicitation, non-disclosure, and non-competition agreement against former manager who sought to move into the same role with a competitor in the same geographic region. We were lead counsel and responsible for enforcement of the agreement from the cease and desist letter through filing a verified complaint, a motion for a temporary restraining order and/or a preliminary injunction, and expedited discovery.

Litigated and eventually settled sexual harassment, sexual discrimination and wrongful discharge in violation of public policy lawsuit in Summit County, Court of Common Pleas.

Defended an employer before the National Labor Relations Board on an unfair labor practice charge claiming that the employer refused to re-hire a former union steward.

Defended a general contractor in a proceeding before the OSHA Review Commission for alleged safety code violations by a subcontractor.

Defended a nursing home in an employment intentional tort case after a resident attacked an employee in trial court and court of appeals.

Defend public and private employees in arbitration and labor board proceedings.

Represents public and private employees in workers’ compensation, administrative and court proceedings.

Represented the city of Cuyahoga Falls, OH in negotiating collective bargaining agreements with the police and fire unions, including interest arbitrations with the police.

Defended a manufacturing company in a race and age discrimination case resulting from a reduction in force from the EEOC charge through the Ohio Supreme Court.

Represented a trucking firm in a federal class action lawsuit filed by an injured truck driver based on the theory that the firm and a major insurance company conspired to treat all of firm’s drivers in Illinois as independent contractors so that the insurance company could sell them occupational accident insurance and the firm would lower its workers’ compensation costs. The plaintiff also claimed that the firm violated the Illinois Wage Payment and Collection Act by unlawfully deducting occupational accident policy premiums. We prevailed on a motion to dismiss.

Regularly pursue and defend breaches of non-competition agreements.

Negotiate collective bargaining agreements for public and private employees.

Successfully represented a furniture retailer in defending against a claim made by a disgruntled employee for unemployment compensation and a subsequent lawsuit for workers’ compensation retaliation.

Represented a metal processing company in its negotiations with the union representing its employees.

Defended a local library system in settling a claim of disability discrimination.

Defended a mortgage-banking firm in proceedings before the Ohio Civil Rights Commission for alleged discriminatory lending practices.

Represented several companies in class action wage and hour claims and claims for benefits.

Obtained a permanent injunction for a food service company against its former sales person for breaching a non-competition agreement.

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 Gridiron Capital Partners in its initial platform acquisition of Jacent Strategic Merchandising, a provider of strategic impulse, in-line and check stand, merchandising products and solutions to retailers.

​Represented a private equity sponsor in its acquisition of the assets of a domestic and international intermodal drayage and transportation logistics company.

Represented a major North American energy company after a workplace fatality at an Ohio-based substation.  This included the associated OSHA, PHMSA, and Bureau of Workers’ Compensation investigations, the workers’ compensation claims, which included a request for a violation of a specific safety requirement under Ohio law, and intentional tort and wrongful death claims. All claims were settled favorably for our client.

Assisted a large nursing home company acquire affiliated businesses.

Represented a medical management company in a discrimination case against one of its former key executives.

Represented a dental service organization in a discrimination case.

Represented a national specialty health care provider in a False Claim Act retaliation case.

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.

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.

Represented health care employers during union organization drives.

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.