Experience Michael W. Hawkins

Experience

Allegations of Wrongful Termination by Ex-Employee of Medical Device Manufacturer

When a medical device manufacturer faced allegations of wrongful termination from an ex-employee, they turned to Dinsmore. The plaintiff was an engineer who was originally hired by the client to serve as a project manager. Upon hiring the plaintiff, the terms of his employment were laid out in an employment contract, which also contained deadlines for the completion of various projects. After nearly a year of employment, it was determined that the plaintiff had not met the required deadlines, and he was terminated. The plaintiff alleged he was wrongfully terminated and filed 10 claims against the client, including alleged violation of public policy, breach of contract and age discrimination. We filed a motion for summary judgment, which was granted on nine claims. For the remaining claim of violation of a public policy, we prepared the matter for trial, including managing discovery and taking depositions. On the first day of the trial, before proceedings officially began, we negotiated a settlement favorable to our client, enabling them to avoid litigation.

Collective Bargaining Agreement Negotiations

Our firm worked with the bargaining team from OPW Engineered Systems, a Dover Company, negotiating a 5-year collective bargaining agreement with the Glass, Molders, Pottery, Plastics and Allied Workers' International Union and its Local No. 45-B. The members voted to approve the company's final and best offer the eve before the contract expired, avoiding a strike.

Debtor v. Debt Collector

Represented debt collector in class action by debtor alleging violation of the Ohio Consumer Sales Practices Act (“OCSPA”) for alleged failure to state consideration paid for the debt in an assignment document. The Richland County Court of Common Pleas granting the debt collector’s motion for judgment on the pleadings and dismissed the OCSPA claim. The court held that the debtor failed to cite to an Ohio case that was sufficiently similar to put the debt collector on notice that its alleged conduct violated the OCSPA; thus, the debtor failed to state a class claim for violation of the OCSPA. The Court further held that any amendment of the complaint to cite to cite additional authority would be futile because the proposed additional authority came from a federal court and was not a decision from a court of “this state.”

Fultz & Thatcher v. Burrows Paper Corporation

We represented Defendant Burrows Paper Corporation in a lawsuit seeking in excess of $1 million for breach of contract. The defense prevailed on summary judgment, and again on appeal, where a three-judge panel rendered a unanimous decision in our favor.

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.

Karen Brown v. OPW Fueling Components and Dover Corporation

Plaintiff brought suit against our client, a manufacturer of fueling components, alleging discrimination and retaliation. The Company's Motion for Summary Judgment was granted.

Multi-State Employment Regulation Guide

Dinsmore represented a national restaurant chain operating in more than 40 states to identify core areas of employment regulation at the state level, including wage and hour, child labor, time off - including vacation, voting, jury service and for crime victims - employee privacy rights and several other key areas and incorporated the myriad laws and regulations into a field reference guide for mangers, operators and human resources professionals. The guide was prepared in a manner that can be efficiently revised as the laws of the various states are modified. To complement the reference guide, we assisted the client with the preparation of a detailed field management guide for the managers, operators and human resources professionals for the administration of the varied rules affecting their multi-state operations to maximize compliance and minimize both employee relations issues and litigation.

NLRB v. Kentucky River Community Care

Our firm took over the case after the NLRB ruled against the Company; we focused the legal issues to position the case for a successful appeal to the Sixth Circuit where RN's were determined to be supervisors. We then argued and won the case before the U.S. Supreme Court.

Sheri Blaney v. Cengage Learning, Inc.

Won summary judgment in the United States District Court for the Southern District of Ohio for age discrimination and retaliation.