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

Greg Smith and Lauren Paxton Roberts Earn 2023 Best of the Bar Honors

NASHVILLE, Tenn.—The Nashville Business Journal recently honored Stites & Harbison, PLLC attorneys Greg Smith and Lauren Paxton Roberts with the 2023 Best of the Bar awards. Smith has been honored nine times for family law. This is Roberts’ first time being honored in the litigation and dispute category.

by Stites & Harbison, PLLC September 15, 2023
Events

The FTC's Proposed Ban on Non-Competes: What Every Employer Needs to Know

Date: 9/26/23
Time: 4:00 p.m. - 6:00 p.m.

Stites & Harbison, PLLC, 400 West Market Street, Suite 1800, Louisville, Kentucky 40202

Join Stites & Harbison and JPMorgan Chase for this CLE seminar and reception.

Shannon Antle Hamilton and Robin E. McGuffin September 14, 2023
Client Alerts

Beware of Part-Time Employee 401(k) Plan Eligibility in 2024

Andy Jacobs takes a look at 401(k) plan eligibility by part-time employees in this Stites & Harbison Client Alert.

by Andrew R. Jacobs August 22, 2023
Client Alerts

Georgia Court of Appeals Holds that Non-Solicitation-of-Employees Restrictive Covenants Must Have Express Geographic Limitations

For the second time in five years a split panel of the Georgia Court of Appeals decided that a post-employment restrictive covenant without any geographic limitations is unenforceable except in limited circumstances. The bottom line for employers is that while post-employment restrictions on efforts to solicit a former employer’s customers or restrictions on using trade secrets do not require geographic limitations, all other post-employment restrictions do. Employers should err on the side of caution if they want their agreements to be enforceable or capable of being blue-penciled under Georgia law.

by Shannon M. Sprinkle and Daniel B. Millman August 09, 2023
Press Releases

Michael Denbow Named Chair of Stites & Harbison’s White Collar Practice Group

LOUISVILLE, Ky. (July 19, 2023)—Stites & Harbison, PLLC is pleased to announce that attorney Michael Denbow has been named Chair of the firm’s White Collar Practice Group.

by Stites & Harbison, PLLC July 19, 2023
Press Releases

Lauren Paxton Roberts Selected for Leadership Franklin’s Class of 2023-24

FRANKLIN, Tenn.—Leadership Franklin has selected Stites & Harbison, PLLC attorney Lauren Paxton Roberts to join its 2023-24 class. Participants are chosen based on their leadership skills and community involvement.

by Stites & Harbison, PLLC July 10, 2023
Client Alerts

Supreme Court: Employers Must Accommodate Employees’ Religious Practices Absent “Substantial” Increased Costs in Relation to the Conduct of the Business

Employment attorneys Robin McGuffin and Kyle Schroader take a look at the Supreme Court's decision on Title VII stating that employers must accommodate employee's religious practices.

by Robin E. McGuffin and Kyle S. Schroader July 05, 2023
Client Alerts

Expansion of Retirement Plan Self-Correction Program

Attorney Andy Jacobs explains the Secure 2.0 Act of 2022 and the expanded ability of plan sponsors to self-correct retirement plan errors without IRS approval in this Stites & Harbison Client Alert.

by Andrew R. Jacobs June 26, 2023
Client Alerts

Sixth Circuit Heightens Standard for Sending Notices in FLSA Collective Actions

The Sixth Circuit has significantly altered the way in which Fair Labor Standards Act (FLSA) collective actions are to be litigated in Kentucky, Ohio, Tennessee, and Michigan. Attorneys Kyle Schroeder and Robin McGuffin take a look at those changes in this Stites & Harbison Client Alert.

by Kyle S. Schroader and Robin E. McGuffin May 24, 2023
Client Alerts

“To Text or Not to Text…” Challenges to Defending Employment Matters Involving Text Messages

A client recently received a litigation hold letter from an attorney representing a former employee. It demanded retention and preservation of all “documents and data” relating to or concerning the former employee, their work performance, and termination. The definition of documents and data also included all electronically stored information, “. . . such as e-mail, voicemail, . . . digital audio or video recordings, instant messages, text messages, social media posts, . . . and any other electronic information created, maintained or received by you.”

by Shannon Antle Hamilton March 31, 2023
Events

56th Georgia Defense Lawyers Association (GDLA) Annual Meeting

Date: 6/15/23 - 6/18/23

The Breakers, One South County Road, Palm Beach, FL 33480

Don't miss the 56th GDLA Annual Meeting at The Breakers in Palm Beach, Florida from June 15-18. Earn CLE hours* and network with your friends and colleagues at various social events. Atlanta office attorney Jennifer Guerra will be a speaker at the event.

Jennifer M. Guerra March 07, 2023
Press Releases

Robin Miller Honored by Ohio Super Lawyers for 2023

MASON, Ohio—The 2023 edition of Ohio Super Lawyers recently honored Stites & Harbison, PLLC attorney Robin D. Miller on its Super Lawyers list.

by Stites & Harbison, PLLC January 11, 2023
Press Releases

Stites & Harbison Promotes Seven Attorneys

LOUISVILLE, Ky.—Stites & Harbison, PLLC announced today that seven attorneys have been promoted: five to Member (Partner) and two to Counsel. The promotions are effective January 2023.

by Stites & Harbison, PLLC January 06, 2023
Client Alerts

FTC Issues Notice of Proposed Rulemaking to Ban Employee Non-Compete Agreements

In a move sending shockwaves through the business world, on January 5, 2023, the Federal Trade Commission (“FTC”) proposed a new rule that would ban employers from entering into non-compete agreements with their workers and invalidate existing non-compete agreements. The FTC will be accepting comments on the proposed rule for the next 60 days.

by Robin E. McGuffin and David B. Owsley II January 05, 2023
Client Alerts

Pregnant Workers Fairness Act Becomes Law

In addition to funding the federal government, the recently passed $1.7 trillion government funding package included passage of the Pregnant Workers Fairness Act (“PWFA”). Employment law attorney Robin McGuffin takes a look at what this means to employers.

by Robin E. McGuffin January 04, 2023
Client Alerts

Medical Cannabis in Kentucky: Executive Action Dated November 15, 2022 - Impact on Kentucky Employers

On November 15, 2022, Governor Andy Beshear signed an Executive Order, which under certain circumstances, grants a “full, complete, and conditional pardon” to individuals who are accused of possession of marijuana under K.R.S. 218A.142.

by Shannon Antle Hamilton November 18, 2022