EmploymentExperience
Beverly Coda v. Thorntons, Inc.
Won summary judgment in the Butler County Court of Common Pleas for promissory estoppel, breach of contract, and gender discrimination.
Bond v. General Motors
We represented Defendant General Motors in a suit filed by its employee under the Employee's Retirement Income Security Act of 1974 (ERISA), as amended, 29 U.S.C. § 1001 et seq., alleging breach of fiduciary obligations and equitable or promissory estoppel. The U.S. District Court for the Southern District of Ohio granted summary judgement for the employer.
Booker v. Garden Manor
Complaint filed in Federal District Court alleging claims of race discrimination, retaliation, and spoilation against our client Garden Manor Nursing Home. We were granted summary judgment dismissing all claims.
Carla Cornicelli v. Large National Insurance Company
Plaintiff brought an employment intentional tort claim after she was jailed on contempt charges by a judge for failing to attend a settlement conference as an insurance adjuster.
Cornell v. General Electric Plastics, 853 F. Supp. 221 (S.D. W. Va. 1994)
Lead counsel defending GE against claims by a former female employee, who, after being fired following 18 years of employment, alleged sex discrimination claims under 42 U.S.C.S. § 1981, Title VII, and the West Virginia Human Rights Act. The Court granted summary judgment to GE on all claims, finding that § 1981 applied to racial but not sexual discrimination, rejecting the Title VII claim because the plaintiff had not first unsuccessfully pursued her state administrative remedies, and dismissing her claim under the Human Rights Act because she could not submit any evidence contradicting GE’s evidence suggesting poor work performance as the reason for her discharge.
Defended against claims of wrongful discharge and defamation stemming from sexual harassment investigation
An employee of our client Pamida, a former chain of department stores, was terminated following an investigation into claims of sexual harassment. The employee alleged that he was terminated as a result of reporting his concerns about “waste, fraud and abuse,” including the sale of out-dated over-the-counter medicine, and he filed a suit against our client claiming wrongful discharge in violation of public policy and defamation resulting from the investigation. We thoroughly investigated the claims, and determined that the employee’s termination was valid. We then obtained summary judgment on all the claims. Stargle v. Pamida, Inc., 2007 U.S. District LEXIS 50579 (W.D. Ky. 2007).
Defended an employer who faced claims of gender discrimination and retaliation from a former employee
We represented CHA Health in a matter when an employee filed suit after resigning her employment and was not rehired for her position after reapplying approximately one month later. After failing to be re-hired, the employee filed suit alleging that our client violated Kentucky’s Civil Rights Act and Equal Pay Act. She later amended her claims to include an allegation that she was not re-hired because of her sexual orientation, which she framed under a gender discrimination/sexual stereotyping theory, saying that she did not conform to gender and sexual stereotypes. The Kentucky Court of Appeals upheld summary judgment in favor of our client, and the Kentucky Supreme Court denied the plaintiff’s filing for discretionary review. Crockett v. CHA HMO, Inc., 2008 Ky. App. LEXIS 103 (Ky. App. 2008).
Defended Jewish Hospital against allegations of wrongful discharge
We represented Jewish Hospital when a former certified respiratory therapist, also performing echo cardiograms, alleged that her termination was retaliation for her reporting of a change in her work schedule that she alleged would cause her to perform services that jeopardized her state certification. Summary judgment was obtained on the wrongful discharge public policy claim and later upheld in the Kentucky Court of Appeals for our client. Following the ruling by the Kentucky Court of Appeals, the plaintiff filed for discretionary review with the Kentucky Supreme Court, but was denied. Russell v. Jewish Hospital, 2004 Ky. App. Unpublished LEXIS 890 (Ky. App. 2004)
Defense Verdict in Race Hostile Work Environment Claim
The plaintiff was an 11-year employee of a manufacturing company who was terminated for violation of the Company’s attendance policy after he failed to submit required documentation. The plaintiff filed suit under Kentucky’s Civil Rights Act, KRS Chapter 344, alleging that he was terminated due to his race and for complaining about race discrimination, as well as forced to work in unsafe working conditions and subjected to disparate disciplinary action. He also alleged a hostile work environment claim, relying on what he claimed to be widespread racial graffiti throughout the plant and restrooms, as well as the presence of “nooses” on two different occasions.
Following discovery, the company filed a motion for summary judgment on plaintiff’s claims in their entirety. The Court dismissed the plaintiff’s claim that he had been terminated due to his race or in retaliation for complaining about race discrimination inasmuch as he was unable to rebut the employer's legitimate business reason for his termination. In addition, the Court dismissed the plaintiff’s claims that he and other minority employees had been forced to work in unsafe working conditions as barred due to his failure to pursue his administrative remedy and because he lacked evidence that minority employees were singled out.
In February 2012, the case was tried in Jefferson Circuit Court on the plaintiff’s remaining claim that he was subjected to a racially hostile work environment. The Company presented proof that nearly 20% of its workforce is African-American and that almost half of those employees had worked for the Company for over 15 years. The manufacturer also put on evidence of its zero tolerance for harassment of any kind. Following a two-day trial which included testimony of seven witnesses, the 12-person jury found unanimously in favor of the company on the plaintiff’s claim that he had been subjected to a hostile work environment due to the presence of rope nooses and racial graffiti. After the trial court denied a motion for a new trial, plaintiff appealed the jury verdict to the Kentucky Court of Appeals, but voluntarily dismissed his appeal before filing his brief, concluding this matter.
Developed Entire Workforce Governance Framework for New Company
Above and Beyond
The success of any business is directly tied to its employees. From their tangible contributions to the company to the mindset and culture they instill, a good workforce can be the tool that takes a company to the next level.
Tri-Arrows Aluminum embraces a “gold standard” approach to doing business, challenging its employees to go above the call of duty and push the company to new heights while also maintaining an atmosphere of conducting business the “right way.” Formerly a subsidiary of BP Company North America that was known as ARCO Aluminum, Tri-Arrows turned to Dinsmore for counsel when it became clear it would soon be an independent company. Recognizing the opportunity to start anew, Tri-Arrows enlisted Dinsmore to begin drafting new policies and procedures, including a new payroll structure and performance review system, as well as providing guidance on which employment laws the new company was, or was not, required to comply with in its new form with a smaller workforce. Integrating ourselves in the culture of the new company, we drafted a new employee handbook, modifying the legacy policies to fit the new regime, but also constructing a unique framework that reflected the objectives of Tri-Arrows.
Once the basic framework for their employment procedures was established, we continued to offer guidance on business ethics, including conducting on-site Code of Ethics training for employees. Understanding the potential for concern caused by Tri-Arrows unique joint venture agreement, in which they have shared manufacturing facilities with a competitor for over a quarter of a century, our team worked with Tri-Arrows’ employees to address issues of confidentiality and the handling of business-sensitive information, arming the employees with the knowledge they needed to uphold the company’s mission without compromising proprietary information.
As Tri-Arrows continues to grow, its employment needs grow as well. Our attorneys have teamed with the company to provide a variety of services, including reviewing compensation plans, detailing job descriptions and employee classifications, and formally instituting a performance evaluation process. Our detail-oriented approach to employment counseling has fallen in step with Tri-Arrows’ professional culture, and we’ve helped this newly-formed company build a solid foundation that will enable it to reach the next level.
Development of Urgent Care Business
Dinsmore & Shohl represented our client, MedExpress, in various commercial transactions totaling several million dollars each in connection with the development of their urgent care business. The client benefited from the use of our firm because of our practical approach and follow-up to assist in resolving problems early on.
Donald Perkins v. Chemed Corporation, Franklin County Court of Common Pleas
Represented client in a case against executives violating a convenant not to compete. Successfully obtained restraining order and royalty payments from competing business.
Education Law
I have represented various county boards of education in employee grievance matters, and have provided preventative advice concerning the hiring, discipline and discharge of employees.
I acted as counsel for the Defendant boards of education in the following West Virginia Supreme Court of Appeals decisions:
Taylor-Hurley v. Board of Education of the County of Mingo, 551 S.E.2d 702 (W.Va. 2001). Case involving seniority of central office employees with multi-classifications.
Hall v. Board of Education of the County of Mingo, 541 S.E.2d 624 (W.Va. 2000). Case involving seniority of service personnel with administrative errors in employment record.
Conner v. Board of Education of the County of Barbour, 489 S.E.2d 787 (W.Va. 1997). Case involving the discharge of a bus driver for jeopardizing safety of students.
Employment Litigation, Counsel for a Nationally-Renowned Hospital
The unique settings of hospitals and medical care centers present a number of employment challenges, from industry-specific statutes and regulations to general employment matters, such as discrimination. One of the most renowned hospital systems in the country turns to Dinsmore to advise it through their employment matters, ensuring that their business runs efficiently and continues to provide quality health care. We counsel the client through a wide variety of employment matters, including defense of claims of discrimination, harassment and wrongful termination. We also routinely advise the client on statutory causes of action, specifically those related to whistleblower protection under the Kentucky Nurse Practice Act, as well as handling administrative matters with the EEOC and the Kentucky Commission on Human Rights. We have also worked with the client during Family and Medical Leave Act (FMLA) litigation, which has included working with third-party contractors to find resolutions. As a medical provider for the public, our client is obligated to provide treatment without regard to disability or national or ethnic origin, giving rise to the need to provide public accommodation such as American sign language (ASL) and language interpreters Given that our client’s facility is open 24 hours a day and work shifts differ from those at a “typical” business, we also have advised the client on a number of wage/hour issues, which has included drafting policies related to overtime compensation, employee breaks and clock-in procedures. Ultimately, we work with the client proactively to provide advice and counseling on employment issues, helping to avoid problems before they arise. But, we also stand ready to defend lawsuits, complaints, and administrative proceedings when necessary.
Establishing Foreign Subsidiaries Around the World
We have represented scores of foreign subsidiaries, sometimes for the same client, from international labor and employment issues to tax and corporate issues. We leverage our long history of assisting clients to expand internationally through foreign direct investment.
Executive Severance Packages
Oversaw the negotiation and preparation of severance packages for local executives, resulting in substantial payments to the clients.
Fisher v. AT&T Mobility, LLC, 2008 U.S. Dist. LEXIS 91291 (S.D. W. Va. 2008)
Lead counsel for AT&T in litigation alleging that the plaintiff had been subjected to a hostile work environment based on her sex, and was constructively discharged when she was forced to resign from her employment in violation of the West Virginia Human Rights Act. AT&T sought summary judgment on grounds that the plaintiff had failed to show that the conduct alleged to create a hostile environment was gender-based, and further that she has failed to establish that her working conditions were so intolerable that a reasonable person would feel compelled to quit. Summary judgment was granted to AT&T.
Gary Parks v. Large National Insurance Company
The plaintiff, a former insurance agent, claimed that the large national insurance company defamed him in order to divert business to a new agent. This case was settled on favorable terms to the client.
Graessle v. Nationwide Credit, Inc., et al, S.D. Ohio
Plaintiff brought an age and religious discrimination suit and breach of contract suit against Nationwide Credit Inc., following a reduction in force. Plaintiff brought a second suit against client for fraudulent inducement in state court to circumvent failure to amend complaint in original federal action. The total amount at issue was $300,000. The first suit was dismissed on summary judgment in favor of NCI and settled on appeal to the Sixth Circuit. The second suit was removed from state court to federal court and the case was dismissed under the first to file rule. The second lawsuit was dismissed without the client having to expend significant resources in discovery.
Groves v. United Steel Workers Local Union No. 15293, et al. 2010 U.S. Dist. LEXIS 110238 (S.D. W.Va. 2010)
Lead counsel in the successful defense of Georgia Pacific against claims by a group of former workers whose employment was terminated when Georgia Pacific sold a sawmill to a successor company. The plaintiffs contended that Georgia Pacific violated the terms of their collective bargaining agreement by not ensuring their subsequent employment with the successor company, and filed suit under § 301 of the Labor Management Relations Act. The court found that the sale of the sawmill did not violate the CBA, as it reserved exclusively to Georgia Pacific certain rights, including the right to plan, direct, control, increase, decrease, or discontinue operations, or to move, close, sell, or liquidate it whole or in part. Accordingly, the court granted summary judgment to Georgia Pacific.
Guyan Valley Hospital v. West Va. Human Rights Comm'n, 181 W. Va. 251; 382 S.E.2d 88 (1989)
Representation of Guyan Valley Hospital in the first known “disparate impact” case filed in West Virginia. The plaintiff filed a race discrimination claim with the West Virginia Human Rights Commission after Guyan failed to offer her the job for which she applied. The Commission ruled at hearing that Guyan violated the plaintiff’s rights under the Human Rights Act. The circuit court reversed that decision, and the plaintiff appealed to the Supreme Court. The court held that the circuit court properly rejected the commission's finding of disparate treatment race discrimination because the job applicant was denied employment based on unfavorable references. Noting that a cause of action also arose under the Act for disparate impact race discrimination, the court further found that the plaintiff failed to establish that Guyan’s practice of relying upon personal references caused statistical underrepresentation of African-Americans in the job category, and affirmed the judgment.
Hallahan v. Courier-Journal
The firm represented The Courier-Journal before the Court of Appeals of Kentucky in a matter involving summary judgment standards and disability issues. The Court of Appeals affirmed the lower court's determination of summary judgment for the Defendant employer.
Health Care
I have acted as preventative counsel for various hospital and medical practice groups with regard to labor and employment matters, including the review of employee handbooks, policies and advice concerning discipline and discharge of employees.
Henderson v. Columbia Natural Resources, 45 F. Supp. 2d 532 (S.D. W.Va. 1999), aff’d 2000 U.S. App. LEXIS 6918 (4th Cir. 2000)
Lead counsel for CNR in a case in which the plaintiff brought an employment discrimination suit alleging age and race discrimination in violation of Title VII of the Civil Rights Act and the West Virginia Human Rights Act. The court granted CNR summary judgment on a number of grounds and dismissed the suit, concluding that the plaintiff's federal claims were untimely because she did not file her complaint within 90 days of receiving her notice of right to sue, as required under Title VII. The court exercised its supplemental jurisdiction to address the plaintiff's state law claims, and held that the plaintiff failed to establish a prima facie case under Human Rights Act because there was no evidence to support a reasonable inference of age or race discrimination.
Hospital and Union
Successfully defended against an unfair labor practice charge alleging that the Hospital improperly declared impasse and implemented its last best final offer.
Hospitality Industry
Plaintiff, a current employee and chef at a large resort, claimed that she was discriminated against based in her gender, specifically that she did not receive five promotions to which she alleged she was entitled. Despite a demand for damages in the upper six figures, during a mediation we resolved the case favorably for the client by offering her an open position at the resort as she was still a current employee, but paid no damages to settle the case.
Huber v. S&S Healthcare, et al
Obtained favorable settlement in the Southern district of Ohio on plaintiff's claims for ERISA violations, breach of contract, promissory estoppel, sex discrimination, good faith and fair dealing, and unjust enrichment.
Internal Investigation of Employee Whistleblower Claims
An employee whistleblower accused the Company of illegal and unethical practices related to advertising claims for its products. We responded very quickly to the client's need for an objective, honest, internal investigation. Over the course of six weeks, we interviewed numerous Company employees and managers, prepared a detailed investigation report with recommendations, and conducted a meeting with the employee whistleblower.
Joan Fain v. Host Communications
The plaintiff claimed she received negative performance reviews and was demoted because of her gender (as management at this national sports marketing company were male former athlestes) and as a result of a disability. She also claimed she was the subject of retaliation when she complained about this discrimination, including threats and physical assault from a supervisor. This case was settled on favorable terms to the client.
John Kelly v. Westbrook Country Club, et al., Richland County Court of Common Pleas
Successfully defended Country Club where Plaintiff alleged wrongful termination, violation of contract, wrongful discharge, conversion and intentional infliction of emotional distress.