Professional Experience
An accomplished trial lawyer, Nancy concentrates her practice in the areas of labor and employment law and has successfully defended clients in such industries as computer software, contract research and development, communications and manufacturing. She has represented clients in the defense of sexual harassment and other employment-related claims. Nancy has litigated cases ranging from employment discrimination to wrongful discharge in the states of Arkansas, Florida, Illinois, Indiana, Georgia, Kentucky, Mississippi, New Jersey, Ohio, and Texas. She has arbitrated grievances under union contracts in Arkansas, Kentucky, Indiana, New Jersey, and Ohio.
Having worked her way through college and law school as a manager of a restaurant franchise in Northeastern Ohio, Nancy is particularly sensitive to the operational needs of her clients and regularly provides counseling in personnel and operating policies designed to fit each client's unique business needs. She provides counsel through each phase of the employment relationship, including pre-employment testing, hiring, performance evaluations, discipline and discharge, all designed to minimize the potential for employment-related litigation. She routinely provides advice to non-union clients on how to remain union-free while, at the same time, helping unionized clients develop positive relationships with their union.
Nancy is the chair of the firm's employment group, and is the partner in charge of the firm's employee relations policies and programs.
Areas Of Emphasis
Employment and Labor Litigation
Nancy has successfully defended clients in a variety of different cases:
- Defending state common law wrongful discharge and defamation lawsuits;
- Defending both state and federal lawsuits alleging violations of fair employment practices statutes, including sexual discrimination, racial discrimination, disability discrimination, sexual harassment, sexual orientation discrimination, and national origin discrimination;
- Representing employers before the EEOC and state fair employment practices agencies when charges of discrimination have been filed;
- Defending employers against unfair labor practice charges filed by unions with the NLRB, including defending during the investigatory phase and in unfair labor practice complaint proceedings;
- 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;
- Defending employers in Department of Labor investigations of alleged wage and hour violations, as well as FMLA complaints;
- Arbitrating over 90 grievances arising under collective bargaining agreements ranging from relatively uncomplicated disciplinary issues to complex contract interpretation issues, such as COLA clauses and piecework rates for incentive jobs;
- Obtaining 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.
Employment and Labor Counseling
Nancy regularly provides advice and counsel to employers on a variety of employment and labor issues including:
- Advising non-union clients with respect to union avoidance tactics, including assisting clients in implementing alternative dispute resolution procedures, such as internal peer review programs and training company personnel in ADR procedures;
- Assisting employers in union organizing campaigns and in developing and implementing effective campaign strategies;
- Advising employers involved in collective bargaining negotiations, including developing bargaining strategies and providing advice so as to avoid unfair labor practice charges;
- Providing guidance to employers faced with difficult negotiations who may need advice on weathering a strike;
- Counseling employers, when necessary, on replacement of striking workers;
- Advising clients with respect to contract interpretation issues arising under collective bargaining agreements;
- Drafting or revising employee manuals or specific employment policies including FMLA policies, drug testing policies, no-solicitation and no-distribution policies, and ADR policies;
- Advising employers concerning the hiring and firing of employees, including reductions in the workforce;
- Providing employers with advice concerning mass layoffs and plant closings under both state and federal law, including The WARN Act;
- Counseling employers through all phases of the employment relationship including hiring, discipline, evaluations, last-chance agreements, discharges, and separation agreements;
- Advising employers on compliance with new or changing employment laws including providing supervisory training;
- Counseling employers on investigating claims of discrimination or harassment including sexual harassment;
- Assisting employers in complying with wage and hour laws and COBRA;
- Counseling employers and executives in analyzing, drafting, and negotiating individual employment contracts, including retention bonus agreements, non-compete and confidentiality agreements, incentives plans, and severance agreements.
Professional & Community Associations
- Ohio State Bar Association - Employment and Labor Law Section
- Cleveland Metropolitan Bar Association - Employment and Labor Law Section
- Cleveland Employment Law Inns of Court - Master of the Bench
Education
Case Western Reserve University, J.D., 1981
(Order of the Coif)
John Carroll University, B.A., 1977 (magna cum laude)
Licensed to Practice
- Ohio
- U.S. Supreme Court
- U.S. Court of Appeals for the Fifth and Sixth Circuit
- U.S. Court of Appeals for the District of Columbia
- U.S. District Court for the Northern District of Ohio
