Eric J. Johnson

Professional Experience

Recently selected by Ohio Super Lawyers as a “Rising Star” in his field, an honor going to only 2.5% of eligible attorneys, Eric J. Johnson focuses his practice on labor and employment law and school law.  Eric has represented private and public sector employers in litigating a wide range of employment-related matters, including defending companies against discrimination, harassment and wrongful discharge allegations, FMLA and FLSA claims, non-compete issues and various tort causes of action.  Similarly, he has defended clients’ interests at administrative proceedings before the State Employment Relations Board, the National Labor Relations Board, the Department of Labor, the Equal Employment Opportunity Commission, as well as multiple state fair employment agencies, including Ohio, Florida, Missouri and Kentucky.  Building off of this experience, Eric regularly counsels both public and private sector clients on employment-related matters, including litigation risk management, and provides training in a variety of areas, including harassment prevention, employee privacy and technology concerns in the workplace.

In addition to employment litigation and counseling, Eric has substantial traditional labor experience.  He has represented employers at the bargaining table as lead negotiator with a variety of labor organizations and likewise has counseled employers on bargaining issues from behind the scenes.  Eric has successfully represented clients’ interests in the arbitration of claims brought by employees and unions and has prosecuted and defended unfair labor practice charges with SERB and the NLRB.

Areas Of Emphasis

Employment and Labor Litigation

Eric has represented public and private sector clients in a variety of proceedings at the state and federal level, including matters such as:

• Defending both state and federal lawsuits alleging violations of fair employment practices statutes, including sexual discrimination and harassment, racial discrimination and harassment, disability discrimination, age discrimination and other civil rights claims;
  
  
• Defending employers against FMLA, FLSA and alleged state and federal statutory violations;
  
  
• Defending state common law wrongful discharge, defamation, invasion of privacy and various tort-based lawsuits;
  
  
• Representing employers in both the defense and prosecution of contract-based claims;
  
  
• Representing employers before the EEOC and state equal employment agencies when charges of discrimination have been filed;
  
  
• Defending employers in Department of Labor investigations of alleged wage and hour violations;

• Representing employers in both the defense and prosecution of non-compete, non-solicit and confidentiality agreements, as well as enforcement actions to protect employers’ trade secrets;
  
  
• Arbitrating numerous grievances arising under collective bargaining agreements ranging from disciplinary issues to complex contract interpretation issues;

• Pursuing injunctive relief against mass picketing, violence, or illegal strikes; 
  
  
• Representing employers who have been the targets of illegal or unfair labor practices by unions including unlawful secondary boycotts;
  
  
• Defending employers against unfair labor practice charges filed by unions with the NLRB and SERB; and
  

• Representing employers before the National Labor Relations Board with respect to various union election issues, including the appropriate scope of bargaining units and election objections.

Eric is a frequent lecturer and trainer on issues relating to workplace professionalism, such as harassment and discrimination, employee privacy, technology in the workplace and how to protect confidential company information, including trade secrets and employee information. 

Labor Relations and Collective Bargaining

Eric has substantial experience negotiating collective bargaining agreements, guiding clients through ongoing labor relations issues and assisting clients in the interpretation and enforcement of collective bargaining agreements for this facet of his practice.  Eric’s experience includes:

• Acting as lead negotiator and management counsel in collective bargaining with a variety of labor organizations, including the Ohio Education Association (OEA), Ohio Association of Professional School Employees (OAPSE) and the United Auto Workers (UAW);
  
  
• Serving as management counsel for a large public employer in negotiations with the Teamsters, including representing the employer through the fact-finding and state mediation stages;
  
  
• Advising employers involved in collective bargaining negotiations, whether at the table or behind the scenes, on bargaining strategies, advantageous contract language and the avoidance of unfair labor practice charges;
  
  
• Advising clients with respect to contract interpretation issues arising under collective bargaining agreements;
  
  
• Advising non-union clients with respect to union avoidance tactics; and
  
  
• Assisting employers in union organizing campaigns and in developing and implementing effective campaign strategies.

Eric is a frequent speaker on collective bargaining issues and other topics relating to labor issues in both union and non-union settings.  He also has been formally trained in interest-based bargaining (IBB) by the Federal Mediation and Conciliation Service, as well as modified traditional bargaining (MTB)

Education Law

As the Chair of the Education Group, in addition to representing boards of education in litigation matters and labor relations, Eric has provided regular advice and counsel to school law clients in the following areas:

• Board policy formulation, implementation and administration;
  
  
• Contract advice, guidance and drafting, including but not limited to employment contracts and third-party agreements;
  
  
• Employment and personnel issues, including hiring, firing, evaluation and corrective action counseling;
  
  
• Collective bargaining with teaching and non-teaching personnel, along with assisting clients to interpret, apply and administer the collective bargaining agreements;
  
  
• Defending the interests of boards of education in arbitration proceedings, including those based on contract interpretation and employee discipline;
  
  
• Public records and the sunshine law, along with privacy concerns of employees and students;
  
  
• Student legal issues, including challenges to Board policies, discipline and First Amendment issues; and
  
  
• Technology in education, including its proper use and assisting boards in addressing student web sites that harm the educational process.

Eric is a frequent speaker on various issues affecting Ohio schools at events sponsored by the Ohio School Boards Association, Buckeye Association of School Administrators, Ohio Association of School Business Officials and eTech Ohio.  Likewise, Eric has written numerous articles on school law issues in various publications.

Professional Awards & Recognition

Eric was named in the July, 2007 issue of Ohio Super Lawyers—Rising Stars Edition, a listing which honors those individuals, as chosen by their peers, who are considered to be among the top up-and-coming lawyers either 40 years old or younger, or who have been practicing law for 10 years or less.

Eric is a member of the Cleveland Employment Law Inns of Court; the Ohio Council of School Board Attorneys; and the National Council of School Attorneys.

Presentations and Publications

"Employment Laws Made Simple; Ensure compliance with employment law procedures and practices!", National Business Institute Seminar, December 11, 2007

Ohio Career and Technical Administrators, “Don’t Get ‘Blogged’ Down with the Legal Implications of Posting to the Internet” – March 2007

Ohio School Board Association’s Capital Conference; “Can You Hear and See Me Now?  Podcasting in Education” – November 2006

Crain’s Cleveland Business, “Supreme Court Decision Boosts Power of Noncompete Pacts” –  Spring 2004 

Community Involvement

In addition to serving as pro bono legal counsel to a number of non-profit entities, Eric serves as a Member of the Board of Trustees for Youth Opportunities Unlimited.  Eric is also a volunteer instructor for Junior Achievement and is active in the Cystic Fibrosis Foundation.  In 2004, City Year awarded Eric the Idealism in Action Award in recognition of his community service efforts in the Greater Cleveland area. 

Eric also serves on the Superintendent’s Business Advisory Committee for Riverside Local School District in Painesville Township. 

Articles by Eric Johnson

August 2006 - Client Briefing on Employment Law:   New law requires Ohio entities to respond to data security breaches or face significant penalties.