As an employment litigator, John has represented employers in employment-related litigation brought under Title VII of the Civil Rights Act of 1964, the Americans with Disabilities Act, the Age Discrimination in Employment Act, the Family and Medical Leave Act, the Tennessee Human Rights Act, and the Tennessee Public Protection Act. He also litigates wage-and-hour disputes under the Fair Labor Standards Act and employee benefit disputes under the Employee Retirement Income Security Act of 1974 (ERISA). In addition, he assists employers and individuals in litigating restrictive covenants in employment agreements, including non-competes, non-solicitation agreements, and non-disclosure agreements.
His practice also includes representing individuals and businesses in conservatorship and expedited limited healthcare fiduciary cases in state probate court. John has guided numerous individuals through the conservatorship process from start to finish, and has represented a major health care client in several expedited limited healthcare fiduciary matters.
He devotes his practice to advising clients regarding employment law issues and related areas. John crafts employee policies and employee handbooks for clients to manage their day-to-day operations. He drafts employment agreements and independent contractor agreements, including any required non-competes, non-solicitation agreements, and non-disclosure (confidentiality) agreements.
- Obtained summary judgment in January 2015 from the United States District Court for the Middle District of Tennessee for a hospital in an interference and retaliation case brought under the Family and Medical Leave Act (FMLA) by a former employee of the hospital. The Motion for Summary Judgment analyzed several specific days and explained to the Court why the plaintiff was ineligible for FMLA leave on each day at issue. The Motion also persuaded the Court that the plaintiff could not show that our client’s legitimate, non-discriminatory reason was pretext for retaliation.
- Internal Data Resources v. Briggs, Davidson County Chancery Court, Case No. 14-1064-IV: Successfully defended an individual against a former employer’s attempts to obtain a preliminary injunction regarding a non-competition covenant.
- Successfully enforced a non-competition covenant against a former sales representative of a food service client, in Shelby County (Tennessee) Chancery Court.
- DeSoto v. Board of Parks and Recreation et al., 64 F. Supp. 3d 1070 (M.D. Tenn. Nov. 25, 2014): Our client, a police officer and one of multiple defendants in the matter, was accused of violating the plaintiff’s constitutional rights, discriminating against plaintiff on the basis of age, gender, race, and sexual orientation, intentional and negligent infliction of emotional distress, and violations of the Computer Fraud and Abuse Act and the Tennessee Personal and Commercial Computer Act, among other allegations. Before the case was settled, we successfully moved the Middle District of Tennessee to dismiss 19 causes of action against our client.
- Nicholson v. City of Clarksville, 530 F. App'x 434 (6th Cir. 2013). The Sixth Circuit Court of Appeals affirmed summary judgment in favor of municipality in race discrimination, hostile work environment, and failure-to-promote case.
- Troxler v. MAPCO Express, Inc, Inc ., 2012 WL 4484939 (M.D. Tenn. Sept. 27, 2012). Assisted in obtaining summary judgment for employer in Americans with Disabilities Act case on the basis that each time the employee complained it attempted to accommodate her condition and that it did not know of the EEOC charge at the time of discharge.
- Durham v. City of Clarksville , 2012 WL 6021435 (M.D. Tenn. Dec. 4, 2012). United States District Court for the Middle District of Tennessee dismissed all of Plaintiff’s employee’s claims in disability discrimination case based on motion to dismiss on statute of limitations, failure to state a claim grounds.
- Durham v. City of Clarksville , 2014 WL 4347617 (M.D. Tenn. Sep. 2, 2014). United States District Court for the Middle District of Tennessee dismissed Plaintiff’s lawsuit for failure for insufficient service of process.
- Bryan, Ward & Elmore, Inc. v. Rothberg , Davidson County Circuit Court (2014): Obtained summary judgment concerning religious discrimination and harassment claims under the Tennessee Human Rights Act based on the argument that Defendant/Counter-Plaintiff, an insurance salesman, was an independent contractor and not an employee and thus his claims failed as a matter of law.
- Obtained summary judgment in United States District Court for the Middle District of Tennessee in favor of registered nurse in Section 1983 civil rights and Americans with Disabilities Act case.
- Obtained summary judgment in United States District Court for the Middle District of Tennessee in favor of registered nurse in Section 1983 civil rights case.