BRYAN STILLWAGON, ESQ.

Partner at Thompson Hine LLP

Bryan, a partner in the Labor & Employment group, has experience spanning the spectrum of issues affecting the employer-employee relationship. In addition to defending against numerous claims brought by plaintiffs and the EEOC under Title VII, the ADEA, and the ADA, Bryan has spent significant time advising and defending clients in exempt status and independent contractor matters under the FLSA on both an individual and collective action basis. His experience also includes representing companies and high-level executives in lawsuits involving the enforcement of employment agreements and restrictive covenants. Bryan’s litigation experience covers a variety of administrative agencies, including the DOL and NLRB, as well as state and federal trial courts, and also includes appellate advocacy before multiple federal courts of appeal.

Additionally, Bryan provides guidance on management training, hiring and termination strategies, FMLA leave requirements, disability and religious accommodations, independent contractor classification and employee exemption status, policy and handbook development and revision, union avoidance, and litigation risk management strategies. He also assists companies with responses to EEOC charges and information requests, represents employers during onsite investigations and interviews, manages FLSA audits to assess misclassification risks, and guides companies through DOL audits, investigations, and information requests. In addition, Bryan advises companies during union organizing campaigns and responds to election objections and unfair labor practice charges

EXPERIENCE

  • Defeated competitor’s request for TRO against multinational software company’s senior executive, settling the matter in arbitration with the executive remaining employed and the competitor receiving no damages.
  • Won summary judgment in $1 million+ “forced retirement” gender discrimination lawsuit on behalf of nuclear power company sued by the same plaintiff’s attorney four previous times before retaining new defense counsel.
  • Defeated (pro bono) five charges brought simultaneously by the EEOC against nonprofit school for refugees.
  • Prosecuted restrictive covenant litigation against 31 former employees with $40 million in alleged damages.
  • Defended multiple wage-and-hour class/collective actions with 200-600 putative members.
  • Secured confidential resolutions to numerous lawsuits through pre-trial negotiation and mediation.

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