John defends those who create jobs. Employers look to John to keep legal issues from adding unnecessary costs, distraction, or inefficiency to their workplaces.
John’s work focuses upon (1) helping employers avoid litigation; (2) prevailing if litigation is unavoidable; (3) keeping the workplace union-free; (4) managing existing union relationships; and (5) protecting employers from unfair competition from former employees.
John brings a pragmatic eye to an employer’s objectives in order to take the most direct, cost-effective route to achieving them. For example:
John and his wife, Melissa, have four adult daughters. John’s favorite diversion is commuting to work on his motorcycle.
Obtained jury verdict for employer in multiple plaintiff discrimination and retaliation challenge to a reduction in force based upon the employer’s subjective assessment of employees’ performance.
Avoided collective (class) action certification in wage and hour legal challenge to client’s nationwide classification of employees as “exempt” from overtime pay.
Obtained jury verdicts in state court lawsuits alleging breach of implied employment contract and promissory estoppel.
Obtained preliminary injunction enforcing world-wide covenant not to compete against computer software salesperson.
Obtained Directed Verdict in action alleging employer retaliated against plaintiff for testifying in sex discrimination litigation.
Obtained summary judgments in statutory discrimination and wrongful discharge lawsuits.
Used e-mail and other electronic discovery evidence to obtain summary judgment dismissing claims of wage and hour law violations and breach of express and implied employment contracts.
Obtained enforcement in Kentucky state court of individual employee arbitration agreements.
Obtained private arbitration award dismissing employee’s claim of workers’ compensation retaliation.
Assisted clients in defeating over sixty union organizing campaigns.
Assisted clients in winning decertification and deauthorization NLRB elections.
Defended employers in NLRB proceedings involving unfair labor practice charges, Section 10(j) injunction, and NLRB election objections.
Defended employer in LMRA § 301 lawsuit to enforce collective bargaining agreement.
Negotiated collective bargaining agreement limiting the employer’s contribution to the cost of employee health insurance to a fixed amount over five years.
Obtained preliminary injunctions and prepared strike preparation plans in response to union strikes and threatened strikes.
Partners with in-house counsel, HR and other managers to position personnel decision to avoid litigation, agency actions, and union organizing.
Provides clients with cell phone, home phone, as well as office access to assist management with personnel decisions in real time.
Has a track record of successfully guiding employers through the investigation and remedy of “He said/She said” sexual harassment allegations without litigation from either the “victim” or the “accused.”
Offers 30 years of experience successfully training supervisors and managers on how to maintain positive employee relations and lawfully avoid unions at worksites from New Hampshire to Florida and Maryland to California, for manufacturing, distribution, and health care employers and U.S., European, and Asian owned enterprises.
Provides custom-tailored, interactive training for supervisors, managers, and employees on: “You Just Can’t Do That Here!” (sexual and other unlawful harassment training); “How To Stay Out of Trouble and Out of Court” (employment litigation avoidance training); and, “What To Do When Workers Can’t/Won’t Work” (FMLA, ADA, and Workers’ Comp Retaliation risk avoidance training).
December 19, 2007
December 19, 2007
University of Kentucky College of Law, J.D., with distinction, 1981
Order of the Coif
Kentucky Law Journal, member of Staff
Indiana University, B.A., 1978
Law Clerk, United States District Court for the Western District of Kentucky, 1981-2
United States Supreme Court
United States Fourth Circuit Court of Appeals
United States Sixth Circuit Court of Appeals
U.S. District Court Southern District of Indiana
U.S. District Court for the Eastern and Western Districts of Kentucky
Chambers USA, Labor & Employment
Named one of the “Top 100 Labor Attorneys” in the U.S. by the Labor Relations Institute
The Best Lawyers in America®, Louisville Employment Law – Management “Lawyer of the Year,” 2017; Employment Law – Management, Labor Law – Management, 1999-2019
AV® Rated, Martindale-Hubbell®
Selected for inclusion in Kentucky Super Lawyers®, Employment & Labor, 2007-2016, 2020
Member and former Chair, Labor Lawyers Advisory Committee, CUE: An Organization for Positive Employee Relations
Associated General Contractors of Kentucky (AGC), Kentucky Construction Industry Award for Excellence by an Associate Member 1997
Kentucky Bar Association
American Bar Association
Louisville Bar Association
Kentucky Bar Association, Past Service on Judicial Evaluation Committee
American Bar Association, Labor & Employment Law Section
American Employment Law Council, Charter Member
Labor Lawyer Advisory Committee, CUE: An Organization for Positive Employee Relations
ABC Attorneys Council (Associated Builders & Contractors)