W. Eric Baisden

Successfully settled a noncompete case in favor of client where, upon discovery that a former employee had siphoned significant (seven-figure) business away from client to a secretly established side business he controlled, obtained a temporary restraining order preventing the employee from conducting further business or having contact with client’s customers. The employee eventually agreed to a permanent injunction restricting his ability to compete, as well as paying client a high six-figure settlement and extending the noncompete period beyond its original term.

Successfully obtained preliminary injunctions in Ohio and Colorado on behalf of a national medical supply company enforcing noncompete agreements and protecting trade secrets; both causes are still pending for damages claims. Obtained $2.1 million in judgment in one case and obtained favorable confidential settlement (mid-six figures) in the second case.

Successfully assisted in preparing client for acquisition by completing an I9 audit and compliance program and training and reorganization of the client’s management team, including several executive terminations.

Successfully represented client in employment litigation and before administrative agencies in Oregon, Texas, Virginia, Pennsylvania, Iowa, Arkansas and Ohio. Included in these cases are national origin, age and sex, disability and wage and hour lawsuits in federal court in Oregon, Pennsylvania and Virginia, and state court in Ohio. In 2014, obtained summary judgment in a federal sex discrimination lawsuit, with costs awarded against adverse party. In 2016, obtained a summary judgment in a federal race discrimination lawsuit in Virginia. Other cases were settled for nuisance value, a result highly valued by client.

Successfully represented a building supplier with 17 facilities in Ohio, Pennsylvania and West Virginia in obtaining wage and benefits concessions from union employees to match nonunion workforce; no probable cause determinations in refusal to bargain ULP resulting in successful implementation of last best offer. Resolved strike of union facility and served as pattern for agreement with remaining unionized facilities.

Successfully represented client in two UFCW organizing campaigns. The company won a representation election and resolved all objections and ULPs. Implemented an aggressive communication strategy which prevented a second petition from being filed, despite almost three years of organizational activity. Also successfully upheld the termination of three union organizers for separate instances of misconduct.

Successfully represented client in a federal sex and age discrimination suit filed by former human resources manager. After the trial court granted summary judgment in favor of the company on all counts and awarded costs against the employee, leveraged lien against employee to avoid an appeal and future claims against the company.

Successfully represented client in several unsuccessful union organizing attempts by the UFCW and Teamsters’ unions and has partnered with client to develop a proactive training program for supervisors and managers to address best practices and union avoidance, as well as to implement an aggressive communications strategy which prevented a union petition from being filed and forestalled the unionization of 450 associates.

Successfully managed the closure of a global clothing manufacturer’s unionized Cleveland operations, including advising senior management on personnel and union issues, drafting comprehensive separation agreements, providing WARN notices, assisting in public relations responses to various public entities and responding to an unfair labor practice charge filed with the National Labor Relations Board.

Represented LeafFilter North, LLC, in a putative nationwide collective action pursuant to the Fair Labor Standards Act (FLSA) and Rule 23 class action pursuant to the Massachusetts Wage Act. Plaintiff, an installer of LeafFilter’s product, alleged that he was misclassified as an independent contractor and sought to represent a nationwide collective of similarly situated independent contractors. We successfully obtained an opinion and order dismissing the case in its entirety and compelling individualized (non-class) arbitration.

Plaintiff, on behalf of herself and putative class, alleged that our client, an electric services company, misclassified certain land agents as independent contractors and, as a result, failed to pay them overtime wages to perform land agent work on transmission projects in Pennsylvania and Ohio. The parties engaged in limited discovery on the issue of whether our client was Plaintiff’s employer or joint employer. Following limited discovery, the parties reached a settlement.

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 The Services Companies, Inc. in a class action of over 200 employees in Florida regarding failure to pay overtime wages to piece rate workers over a 16-month period, including liquidated damages and attorneys’ fees. We prevailed on denying preliminary certification due to plaintiffs’ failure to show class-wide interest as well as highlighting the need for individualized inquiries into each putative class member in order to prove either liability or damages. After the court denied preliminary certification, we engaged plaintiffs in settlement negotiations.

Represented LeafFilter North, LLC in a putative nationwide collective action pursuant to the Fair Labor Standards Act (FLSA) and Rule 23 class action pursuant to the Massachusetts Wage Act. Plaintiff, an installer of LeafFilter’s product, alleged that he was misclassified as an independent contractor and sought to represent a nationwide collective of similarly situated independent contractors. Plaintiff abandoned his chosen forum in Massachusetts federal court and voluntarily dismissed the case prior to the court ruling on the pending motions.

Represented Shearer’s Foods, LLC in putative nationwide collection action pursuant to the Fair Labor Standards Act (FLSA) and Rule 23 class action pursuant to the Ohio Minimum Fair Wage Standards Act. Plaintiffs alleged that they were not paid for pre-shift off-the-clock and rest breaks. Benesch prevailed on a motion and was able to avoid precertification of the class which resulted in negotiating a nuisance value settlement as to the individual plaintiffs, and the entire case was voluntarily dismissed.

Representation of The Service Companies, Inc. in a putative class action of 170+ class members brought by four former employees seeking damages for unpaid time based on piece rate compensation. We took over in the middle of the case after preliminary class certification and opposition to certification briefs were filed.

Represented LeafFilter North, LLC in matters including negotiating a favorable settlement in a representative action brought under the California Attorney General Act (“PAGA”). Plantiffs alleged they were misclassified and should have been treated as employees. The settlement combined what were two separate cases and encompassed both wage and hour class action claims as well as alleged PAGA penalties.

Represented Installed Building Products, LLC in matters including securing a pre-certification settlement of a 100+ member, 4-year class action in Florida. Plaintiffs’ claims were based on alleged failure to pay minimum wage and overtime caused by off-the-clock work. We adopted an aggressive approach to the case, quickly producing payroll records for the named plaintiff and clearly identifying that he was a piece rate worker and only entitled to half rate premiums for overtime. We followed this limited discovery with aggressive settlement negotiations that resulted in a settlement of nuisance value.

Successfully represented Installed Building Products, LLC in matters including a class action in Washington regarding meal and rest breaks and unpaid time. In a litigious case, we aggressively opposed burdensome discovery and overbroad claims. After preliminary certification of a class, we prevailed on a motion to clarify the class definition, reducing one of the three claims by approximately 16 months, resulting in the elimination of approximately $700,000 in exposure, prevailed on a motion to quash a third-party subpoena and denying motion to compel native files of produced documents. The results ended in a very favorable settlement of all three claims.

Secured dismissal of discrimination charge brought against our client, a provider of hospitality industry services, based on religion and sex as well as sexual harassment. We defended the charge through our position statement, showing that claimant filed for repeated aggressive behavior towards co-workers. We also showed that the company repeatedly accommodated claimant’s requests for religious accommodations by allowing him to leave work early or arrive late to attend Friday prayer services and take prayer breaks throughout the workday which resulted in the dismissal of the underlying charge.