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, 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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See more related to Employment Litigation
Client Alerts

Revised FFCRA Regulations from DOL Set to Become Effective Today, September 16, 2020

On September 11, 2020, the United States Department of Labor (“DOL”), citing the “pressing need for clarity,” issued revised Family First Coronavirus Response Act (“FFCRA”) regulations following the August 3, 2020 New York Federal District Court decision that struck provisions interpreting the FFCRA. The regulations will be published and take effect on today, September 16, 2020.

by Shannon Antle Hamilton September 15, 2020
Events

Institutional Racism in Legal Systems: Criminal Justice, Employment & Housing: Part 2 - Understanding the Impact of Race in Employment

Date: 9/10/20
Time: 12:00 p.m. - 1:30 p.m.

WEBINAR

Lexington office attorney Robin McGuffin will moderate a panel discussing the impact of race in employment on September 10, 2020.

Robin E. McGuffin September 04, 2020
Events

Diversity and Inclusion Roundtable for Mid-Size Law Firms

Date: 9/9/20
Time: 11:00 a.m. - 12:30 p.m.

Webinar

Demetrius Holloway joins a panel of speakers to discuss what is working and not working in the area of diversity and inclusion at mid-size law firms.

Demetrius O. Holloway September 02, 2020
Press Releases

Carolyn Purcell Michener Appointed to Fund for the Arts NeXtGen Board

LOUISVILLE, Ky.—Fund for the Arts recently appointed Stites & Harbison, PLLC attorney Carolyn Purcell Michener to its NeXtGen Board. She will serve a three-year term.

by Stites & Harbison, PLLC August 25, 2020
Client Alerts

Information You Need on the COVID-19 Coronavirus

Stites & Harbison has assembled a Coronavirus Response Team which consists of a cross-disciplinary task force of attorneys and critical staff members to ensure our firm remains “On the Job” for you. Updated 08/14/20

by Stites & Harbison, PLLC August 18, 2020
Client Alerts

Retirement Plan Excessive Fee Litigation is on the Rise

Retirement plan sponsors and other fiduciaries are required by ERISA to discharge their duties with the “care, skill, prudence, and diligence” under the circumstances as would a prudent man. This means, among other things, fiduciaries should ensure that all fees paid by the plan for recordkeeping and investment management services are competitive and reasonable.

by Andrew R. Jacobs August 17, 2020
Client Alerts

When Furloughs Become Permanent Layoffs: An Employer’s Ongoing Obligations Under the WARN Act in the Time of COVID-19

At the beginning of the COVID-19 pandemic, many employers implemented what they hoped would be temporary furloughs. However, as the pandemic has progressed, employers may now realize that the furloughs will last longer than expected or become permanent layoffs.

by Robin E. McGuffin August 11, 2020
Press Releases

Calesia Henson Elected to Board of Directors of the KMAC Museum

LOUISVILLE, Ky.—Stites & Harbison, PLLC attorney Calesia Henson was recently elected to the Board of Directors of the KMAC Museum. She will serve a three-year term.

by Stites & Harbison, PLLC August 05, 2020
Client Alerts

Older Workers Cannot Be Barred from Returning to Work: How to Be Mindful about Returning Older Employees to the Workplace

On June 11, 2020, the Equal Employment Opportunity Commission (EEOC) updated its guidelines to state that the Age Discrimination in Employment Act (ADEA) “would prohibit a covered employer from involuntarily excluding an individual from the workplace based on his or her [age] being 65 or older, even if the employer acted for benevolent reasons such as protecting the employee due to higher risk of severe illness from COVID-19.”

by Calesia Henson and Ashley Owens Hopkins June 19, 2020
Presentations

COVID-19 Human Resources Conversations: Live Q&A

This live Q&A was recorded on June 3, 2020. This discussion with John Wingo (Stites &Harbison, Nashville, TN), Rebecca Weis (Stites & Harbison, Louisville, KY), Kelly Hodges (Gresham Smith) and Dennis Georgatos (Skanska) is an HR conversation you don't want to miss.

by John R. Wingo and Rebecca A. Weis June 08, 2020
Presentations

Back on Track: Post-Pandemic Re-Opening Guidance for Kentucky Employers

Stites & Harbison employment attorneys Shannon Antle Hamilton, Demetrius Holloway, and Rebecca Weis discuss re-opening plans for Kentucky employers in this webinar presented May 21, 2020.

by Shannon Antle Hamilton, Demetrius O. Holloway, and Rebecca A. Weis May 22, 2020
Press Releases

Chambers USA 2020 Honors 19 Stites & Harbison Attorneys

LOUISVILLE, Ky.—Chambers USA selected 19 Stites & Harbison, PLLC attorneys in Kentucky and Tennessee for inclusion in their 2020 guide.

by Stites & Harbison, PLLC May 05, 2020
Press Releases

Lauren Paxton Roberts honored as Nashville Bar Foundation Fellow

NASHVILLE, Tenn.—The Nashville Bar Foundation recently named Stites & Harbison, PLLC attorney Lauren Paxton Roberts as a Fellow.

by Lauren Paxton Roberts April 27, 2020
Client Alerts

Department of Labor to Employers: You Must Notify Your Employees of New Paid Leave Laws by April 1, 2020

The Families First Coronavirus Response Act, effective April 1, 2020, requires certain public employers and private employers with fewer than 500 employees to provide E-FMLA and Emergency Paid Sick Leave to eligible employees. Employers must notify current employees of these benefits by circulating the official Notice of Employee Rights published by the Department of Labor.

by Rebecca A. Weis and Rachel Dix Bishop March 26, 2020
Client Alerts

COVID-19 Ushers in Mandatory Paid Leave – What Employers Need to Know

On March 18, 2020, Congress passed the Families First Corona Virus Response Act. This broad-reaching legislation addresses several workplace issues related to the emergency circumstances brought about by COVID-19.

by Demetrius O. Holloway and Rebecca A. Weis March 20, 2020
Client Alerts

Sixth Circuit: No Accommodation Without Documentation

Navigating an employee’s request for an accommodation pursuant to the Americans with Disabilities Act (“ADA”) can feel like walking a tightrope—an employee’s requested accommodation may appear to exceed the limits of all reasonableness, but it can be difficult to know when an employer can finally say “no” without fear of liability. A recent decision from the Sixth Circuit provides helpful guidance on this issue.

by Ashley Owens Hopkins and Robin E. McGuffin March 11, 2020
Client Alerts

Do You Have a Fever: Preparing for a Pandemic Without Violating the Americans with Disabilities Act

Employers are now dealing with the very real possibility of a coronavirus pandemic in the United States. When an “epidemic” becomes global, it becomes a “pandemic.” Employers need to develop plans now for effectively responding to employee concerns in the event of a pandemic.

by Shannon Antle Hamilton, Rachel Dix Bishop, and Calesia Henson March 09, 2020
Client Alerts

Tennessee Supreme Court Upholds $750,000 Statutory Cap on Non-Economic Damages in Civil Cases

The Tennessee Supreme Court, in an opinion published February 26, 2020, upheld Tennessee’s statutory cap on noneconomic damages in civil cases, codified at Tenn. Code Ann. § 29-39-102, which generally limits noneconomic damages, including pain and suffering, permanent injury, and loss of enjoyment of life, to $750,000.

by Lauren Paxton Roberts, J. Anne Tipps, and Rachel Dix Bishop March 04, 2020
Client Alerts

NLRB Final Rule on Joint Employer Standard

On February 26, 2020, the National Labor Relations Board (“NLRB”) issued its final rule on the standard for determining joint-employer status for businesses and employees covered by the National Labor Relations Act (“NLRA”).

by Allyson True Cook March 03, 2020
Events

LBA Young Lawyers Section's Monthly Networking & Lunch Meeting

Date: 2/27/20
Time: 12:00 p.m. - 1:00 p.m.

Louisville Bar Association Bar Center, 600 West Main Street, Suite 110, Louisville, KY 40202

Demetrius Holloway, chair of the firm's Diversity Committee, will be a speaker at this luncheon discussing the lack of diversity in law.

Demetrius O. Holloway February 21, 2020