Employment Litigation & Counseling

Benesch’s Labor & Employment Practice Group provides a full range of services to clients on a national basis.  From counseling clients on daily employment issues to the handling of the most complex litigation, our Labor and Employment lawyers have the experience, skills and commitment to service your needs to minimize the risks inherent in today’s workplace.

Our lawyers are keenly aware that client representation means not only providing the highest quality, result oriented legal services, but doing so in a manner which is cost effective and consistent with the clients’ circumstances and goals.  We work with clients at the outset of each matter to make sure we understand the desired end result and that the client understands what will likely be involved in obtaining that result.  This process continually repeats throughout the representation.  In short, we recognize that sound business judgment is every bit as important as sound legal judgment.

We are actively involved with many clients in the public sector as well as industries such as retail, automotive, health care, manufacturing, trucking, technology, food and beverage distribution, industrial product distribution, professional services and banking, to name just a few.  Summarized below are the types of matters our Labor & Employment lawyers typically handle and descriptions of some of the actual cases in those areas:

Employment Litigation

We have represented employers in virtually every type of lawsuit, in every kind of forum.  This includes charges before the EEOC and state fair employment practice agencies; wrongful termination, discharge, employment discrimination, wage/hour, wrongful discharge and breach of contract claims in federal and state courts; prosecuting and defending claims for enforcement of non-competition agreements and trade secret rights; and arbitrations under employment and collective bargaining agreements.  Whether it’s the arbitration of a single employee’s discharge or complex class action defense, our attorneys have the experience necessary to provide the highest quality representation available.

Our attorneys also possess the awareness that client needs and desires vary with each case.  Litigation demands that counsel not only provide sound legal analysis, but also design a strategy consistent with the client’s business objectives.  Our approach is to work with our clients to formulate the best legal strategy, understand the client’s business needs and goals and then together devise the approach best suited to achieve the desired result. 

Just some of the employment litigation matters handled by Benesch’s Labor & Employment Practice Group are summarized below:

• Prevailed on summary judgment in a nationwide sales representative wrongful termination class action in which the plaintiffs alleged fraud, deceptive practices, breach of contract and unjust enrichment and sought over $10 million in damages.
• Defended an energy services company in a "bet the company" case originally brought in an Ohio state court on claims for breach of contract for the sale of the company, wrongful discharge and fraud. After obtaining a dismissal of all claims from the trial court, won on appeal and obtained a judgment upholding the trial court's dismissal of the claims.
• Represented a large unionized Missouri manufacturer in arbitration against the Teamsters over the discharge of a union employee. Obtained decision in the employer's favor sustaining the discharge and dismissing the grievance in its entirety.
• 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.
• Resolved an age discrimination and wrongful discharge lawsuit brought against a global household products manufacturer in federal court in Jackson, Mississippi.
• Obtained summary judgment in favor of employer in suit alleging intentional infliction of emotional distress and wrongful discharge.
• Defended an international financial institution, as well as several related entities and individuals, in an age discrimination trial. The plaintiff in that case was represented by a firm which had obtained the largest single-plaintiff employment discrimination verdict in Ohio history.  Prior to trial, Plaintiff demanded $11 million to resolve his claim of age discrimination arising out of a reduction-in-force.  Following a two-week trial, the jury rendered a complete defense verdict in favor of each of our clients.  This verdict was upheld on appeal.
• Representing the National Association of Manufacturers in litigation brought against the U.S. Department of Labor, the OFCCP and others to enjoin implementation of the OFCCP’s rule requiring federal contractors to post notices informing employees of their rights to unionize and engage in other concerted activity.
• Successfully enforced arbitration agreements to avoid court litigation of discrimination claims brought against multi-national retail jewelry chain client in California, West Virginia, Arizona and Ohio.
• Obtained summary judgment on behalf of a nursing home in a wrongful discharge and defamation matter in Ohio and recovered attorney fees on behalf of the client pursuant to Ohio’s Frivolous Conduct Statute.
• Represented a national beverage distributor in a wage/hour class action, obtaining summary judgment by establishing that the client’s employees were exempt from overtime.
• 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 non-union 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 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.
• Obtained a defense verdict in a jury trial in a wage and hour class action lawsuit in federal court in the Northern District of Ohio.
• Defeated certification of class in FLSA collective action litigation brought in the Northern District of Ohio based on the retail sales exemption to the FLSA.
• Represented Professional Dental Alliance, in matters including, alleging Defendant Dina Khoury-Hanby, DDS, violated her non-competition and non-solicitation agreement and misappropriated Professional Dental Alliance’s trade secrets when she went to work for a competitor, Defendant John L. Aurelia, DDS, PLLC. Plaintiff also alleges that Defendant John L. Aurelia, DDS, PLLC, tortiously interfered with Plaintiff’s contractual rights and business relationships. The Court denied the parties cross summary judgment motion, finding a question of fact existed as to which party was the first to breach the contract. The parties ultimately settled on the eve of trial for an undisclosed monetary figure and various other protections for Professional Dental Alliance.
• Secured dismissal of disability discrimination charge, brought against our client, Installed Building Products based on an employee’s failure to return from FMLA leave. We defended the charge through our position statement and EEOC investigatory interviews, which resulted in the dismissal of the underlying charge.
• 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. Benesch has handled over twelve other matters successfully, including administrative claims in front of the EEOC and state agencies in Ohio, Pennsylvania, Texas, Iowa, Oregon, Minnesota, Virginia and Arizona.
• 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.