Litigation & Appeals

Employment Litigation

The Employment Law Service Group practices much like a “boutique firm” within Stites & Harbison. From workforce-reduction issues to dealing with the Family Medical Leave Act and everything in between, the Employment Law Service Group at Stites & Harbison focuses on providing clients with creative, competitive, and cost-effective employment law solutions. Our group’s diverse and experienced attorneys know that responsiveness in helping employers avoid immediate employment law problems is critical. Clients can count on a high level of service with a seamless team approach from our offices in Kentucky, Ohio, Tennessee and Georgia.

Our group is dedicated to providing employers with vigorous and zealous defense of all employee-driven lawsuits. Many of the group's attorneys have extensive first-chair trial experience before arbitrators, judges and juries in both employment matters and in business litigation, and are adept at developing and implementing first chair strategy.

The members of our group also understand when it is in the client's best interest to reach a settlement in order to prevent extensive litigation. We will not hesitate to recommend and facilitate as favorable resolution for the client as quickly as possible.

In addition to handling EEOC and state administrative charges, the group litigates complex civil suits involving a wide variety of federal and state discrimination claims, including cases alleging:

  • Sex, age, race, religion, or national origin discrimination
  • Sexual harassment
  • ADA
  • FMLA
  • Wrongful discharge
  • Wage and hour disputes

In litigation involving the breach of covenants-not-to-compete, confidentiality agreements, and nonsolicitation agreements, our seasoned litigators successfully prosecute and defend TROs and other injunctive-relief motions at both the state and federal levels.

Applying in-depth litigation knowledge to develop practical preventative-counseling solutions for clients is another strength of our group. We also provide materials to fit specific client needs for in-house training. Group members regularly draft and review employment documents including employee handbooks, employee contracts, and severance agreements.

Our attorneys are frequent speakers on a variety of employment law topics, and have authored numerous articles on employment law issues. The group also regularly sends out Client-Alerts via e-mail to ensure our clients receive up-to-date information in employment-law developments that could impact their businesses.

Several members of our group have also authored treatises on employment law and personnel practice published by the state Chamber of Commerce.

The Employment Law Service Group is always "on the job for you."

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Press Releases

Jeffrey Melcher Joins Stites & Harbison

ATLANTA—Stites & Harbison, PLLC is pleased to announce attorney Jeffrey W. Melcher has joined its Atlanta office as a Member (Partner). He will be based in Atlanta while also serving clients in Nashville, Tenn.

by Stites & Harbison, PLLC October 15, 2021
Press Releases

Rachel Dix Bishop Earns 2021 Tennessee Defense Lawyers Association Rising Star Award

NASHVILLE, Tenn.—Tennessee Defense Lawyers Association (TDLA) has selected Stites & Harbison, PLLC attorney Rachel Dix Bishop as the recipient of the 2021 Rising Star award.

by Stites & Harbison, PLLC September 23, 2021
Press Releases

Rachel Dix Bishop Selected for Nashville Bar Foundation Leadership Forum Class of 2022

NASHVILLE, Tenn.—Nashville Bar Foundation Leadership Forum (NBFLF) has selected Stites & Harbison, PLLC attorney Rachel Dix Bishop as a member of the Class of 2022.

by Stites & Harbison, PLLC September 17, 2021
Press Releases

Stites & Harbison Welcomes Johnathan Burnley

NASHVILLE, Tenn.—Stites & Harbison, PLLC welcomes attorney Johnathan D. Burnley to the firm’s Nashville and Franklin, Tenn., offices. He joins the Business Litigation Service Group.

by Stites & Harbison, PLLC September 16, 2021
Events

KPCA Annual Conference - 2021

Date: 10/27/21 - 10/29/21

The Campbell House, Lexington, Kentucky

Lexington office attorney Ashley Hopkins will be a speaker at the 2021 KPCA Annual Conference October 27-29, 2021 in Lexington, Kentucky.

Ashley Owens Hopkins September 09, 2021
Client Alerts

Key Takeaways for Employers Under OSHA’s Updated COVID-19 Guidance as Delta Variant Spreads and Positive COVID Cases Increase

On August 13, 2021, the U.S. Department of Labor’s Occupational Safety and Health Administration (“OSHA”) updated its guidance for COVID-19 precautions in the workplace to match the CDC’s new guidance, issued on July 27, 2021.

by Rachel Dix Bishop, Shannon Antle Hamilton, and Rebecca A. Weis August 17, 2021
Client Alerts

Equity Compensation Alternatives

For both established companies and new companies, it is often essential to allow key employees to participate in the company’s future growth and profitability through equity ownership. This helps align the interests of ownership and key employees.

by Andrew R. Jacobs May 10, 2021
Client Alerts

Cybersecurity: Department of Labor Guidance for Retirement Plan Sponsors

As sponsors of 401(k) and other retirement plans, employers typically rely on plan service providers (i.e. recordkeepers, trustees, etc.) to maintain plan accounts, keep participant accounts secure and participant data confidential. As fiduciaries, employers must act with the care and diligence under the circumstances as would a “prudent” person.

by Andrew R. Jacobs April 26, 2021
Client Alerts

Kentucky Legislature Enacts Covid-19 Liability Protection for Businesses

As the country slowly recovers from the economic devastation caused by the COVID-19 pandemic, Kentucky’s lawmakers have stepped in to provide protections to the businesses and workers that will help get the Commonwealth back on its feet. On the last day of the most recent legislative session, Senate Bill 5 became law when the Governor declined to sign or veto it. This legislation, similar to laws in 30 other states, offers immunity from COVID-19-related negligence actions to business owners and essential service providers working to prevent the spread of the virus.

by Ashley W. Ward, Alisa Micu, Caroline C. Phelps (Carly), and Chelsea Stanley April 22, 2021
Press Releases

Calesia Henson Named to AMPED Board of Directors

LOUISVILLE, Ky.—The Academy of Music Production Education and Development (AMPED) has named Stites & Harbison, PLLC attorney Calesia Henson to its Board of Directors. She will serve a three-year term.

by Calesia Henson April 15, 2021
Presentations

Returning to the Workplace: What Employers Need to Know About the COVID-19 Vaccine

Employment attorney Rebecca A. Weis, focused on COVID-19 vaccination policies in the workplace in this Stites & Harbison Webinar. Topics covered will included current vaccine administration priorities; what employers can or cannot mandate; employer-sponsored vaccine incentives; wage and hour issues; OSHA and workplace safety considerations; workers compensation implications; and more.

by Rebecca A. Weis March 15, 2021
Events

Returning to the Workplace — What Employers Need to Know about the COVID-19 Vaccine

Date: 3/11/21
Time: 12:30 p.m. - 1:30 p.m.

Webinar

Please join Stites & Harbison attorney, Rebecca A. Weis, for a webinar focused on COVID-19 vaccination policies in the workplace.

Rebecca A. Weis March 01, 2021
Client Alerts

Will the Federal $15 Minimum Wage Become Reality? Part II

On February 15, 2021, Stites & Harbison, PLLC issued a client alert regarding the status of the proposed $15 minimum wage increase to be included in the “American Rescue Plan” for COVID-19 relief, and discussed the role the parliamentarian would likely play. Thursday evening, February 25, 2021, the Senate parliamentarian ruled that the proposal was not appropriate for inclusion in the relief package using the budgetary reconciliation process.

by Shannon Antle Hamilton February 26, 2021
Articles

Rebecca Weis Interview

Rebecca Weis sits down for a candid discussion with Kirt Jacobs.

by Rebecca A. Weis February 18, 2021
Client Alerts

Can You Spare an Extra $7.75? Will the Federal $15 Minimum Wage Become a Reality?

I have more than one client who contacts me once every couple of weeks to ask, “where are we with the proposed federal $15 minimum wage?” And I think I can safely say that while in 2019, a majority of Americans surveyed were supportive of such an increase to the current $7.25 an hour, the political logistics of achieving this feat continue to be a challenge. Typically, the only thing I can tell clients is that there is a lot of discussion, but as of today it hasn’t yet happened, and it may not happen, but if it does you will be the first you know.

by Shannon Antle Hamilton February 15, 2021
Press Releases

Stites & Harbison Welcomes Litigator Robin Miller

COVINGTON, Ky. (Feb. 9, 2021)—Stites & Harbison, PLLC welcomes attorney Robin D. Miller to its Covington, Ky., office.

by Robin D. Miller February 09, 2021
Press Releases

Stites & Harbison Welcomes Corey Dunn

LOUISVILLE, Ky.—Stites & Harbison, PLLC welcomes attorney Corey Dunn to the firm’s Louisville, Ky., office.

by Corey Dunn February 08, 2021
Client Alerts

FFCRA Paid Leave is Ending but COVID-19 Continues: Considerations for Employers Handling COVID-19 Issues in 2021

The Families First Coronavirus Response Act (“FFCRA”), applicable to certain public employers and private employers with fewer than 500 employees, had two major provisions: the Emergency Paid Sick Leave Act (“EPSLA”) and the Emergency Family and Medical Leave Expansion Act (“E-FMLA”).

by Shannon Antle Hamilton and Rachel Dix Bishop December 31, 2020
Client Alerts

What Employers Need to Know About COVID-19 Vaccines

The U.S. Equal Employment Opportunity Commission (“EEOC”) recently posted an updated and expanded technical assistance publication that provides information to employers and employees about how COVID-19 vaccination interacts with various legal requirements. The publication addresses issues pertaining to medical pre-screening questions and employer accommodations for those unable to receive a vaccination.

by Shannon Antle Hamilton and Rachel Dix Bishop December 23, 2020
Press Releases

Marjorie Farris to Be First Woman to Lead Stites & Harbison Law Firm

LOUISVILLE, Ky.—Stites & Harbison, PLLC, announced today that Kentucky native Marjorie A. Farris will become the firm’s new Chair effective January 2021. She will be the first woman to lead the firm since its founding in 1832.

by Stites & Harbison, PLLC November 06, 2020