Jeffrey S. Hiller counsels employers on litigation avoidance and compliance, and represents employers in class action defense, discrimination litigation, unfair competition litigation, and labor relations. He handles claims under:
- Title VII
- The Americans with Disabilities Act
- The Age Discrimination in Employment Act
- The Family and Medical Leave Act
- The National Labor Relations Act
- Ohio Revised Code Chapter 4112
He represents employers in state and federal courts, and before the National Labor Relations Board, the Equal Employment Opportunity Commission, and the Ohio Civil Rights Commission.
In litigation, Jeff has secured dismissals through dispositive motions and prevailed on appeal in numerous state and federal courts on a variety of discrimination and workplace tort claims for:
- Retailers
- Communications companies
- Logistics companies
- Financial sector employers
- Health care employers
- Retirement communities
- Service industry employers
- Government contractors
For example, for one manufacturing company, Jeff:
- Obtained summary judgment in a two-plaintiff age discrimination case
- Obtained summary judgment in a five-plaintiff race discrimination and retaliation case
- Defeated class certification in a race harassment case, which decision was affirmed on appeal
- Won the labor arbitrations involving the dismissal of three named class representatives, who had been terminated during the course of the class action litigation
- Obtained summary judgment against all but one plaintiff in an associational race discrimination case that started with 10 plaintiffs, then obtained a full defense verdict after a six-day jury trial against the one remaining plaintiff after he located a witness who revealed that the plaintiff herself had engaged in the same conduct she claimed to have opposed on behalf of her co-workers
For a major communications company, Jeff obtained the dismissal of religious discrimination claims on summary judgment, which award was upheld on appeal by the Ninth Circuit. He successfully defended a tobacco company in a FMLA/ADA/Title VII case, which decision was upheld on appeal by the Eleventh Circuit. He obtained a full defense verdict after a five-day jury trial defending a public employer, despite the city’s mayor testifying for the plaintiff. While defending a large retailer, Jeff located evidence proving the plaintiff had stolen from the company, resulting in her attorneys’ decision to dismiss her lawsuit. He obtained summary judgment in a race discrimination case against a service industry employer, which was recently upheld by the Sixth Circuit. He secured an arbitration victory for a healthcare company on FMLA retaliation and race, sex and age discrimination claims. In another case, he discovered evidence impeaching an age discrimination plaintiff’s trial testimony, which led to the plaintiff dismissing the lawsuit in the middle of the trial.
Jeff has successfully handled lawsuits alleging harassment on the basis of sex, race, disability, and age, including:
- Obtaining summary judgment in a sexual harassment case in which the alleged harasser was in jail
- Obtaining summary judgment in two related cases involving allegations against a top official
- Obtaining summary judgment despite an adverse internal investigation finding
- Defending a top government office in two related sexual harassment cases
Jeff has successfully defended businesses from unfair competition, including securing favorable resolutions of actions against his clients' competitors and former employees for violations of restrictive covenant agreements, computer fraud and trade secret laws. Highlights include:
- A case in which he secured an order awarding attorneys' fees as a sanction for a former employee's perjury related to his restrictive covenant agreement violations
- A case in which he secured the former employee's written apology to his client along with other favorable terms of resolution
Jeff has authored articles on developments in the law governing restrictive covenants.
In the traditional labor area, he successfully argued for the reversal of union election results in a case in appellate court, overturning a NLRB decision that upheld a union victory and defeated a second union organization effort for the same employer at the same location. He also has successfully arbitrated contract interpretation, discipline and termination cases, including winning five consecutive termination arbitrations for one employer, and locating a witness who was able to produce evidence undermining a grievant’ s testimony during another arbitration hearing.
Jeff has handled cases before the NLRB, including allegations of refusals to bargain and unilateral implementation of policies. He is the program co-chair (Management) for the ABA Committee on Practice and Procedure Under the NLRA.
In law school, Jeff served on the editorial board and was a staff member of the Ohio State Journal of Dispute Resolution.
