Jennifer R. Asbrock
Jennifer counsels and represents private and public employers in all areas of labor and employment law including:
- Unfair labor practice investigations, trials, and appeals
- Labor negotiations and arbitrations
- Union avoidance and election campaign strategies
- Lockouts, strikes, and other labor disputes
- Federal and state agency investigations, trials, and appeals
- Employment discrimination, harassment, retaliation, and wrongful discharge cases and class actions
- Federal and state wage-hour investigations and class/collective actions
- Disability discrimination and failure-to-accommodate claims
- Job-protected leave issues under FMLA, USERRA, ADA, and other federal and state laws
- Whistleblower complaints under OSHA, SOX, TSCA, STAA, and AIR21
- Enforcement of restrictive covenants and protection of trade secrets
- Affirmative action plans and OFCCP compliance
In addition, Jennifer frequently works with employers to customize and present in-house training programs to educate employees and supervisors about employment laws and workplace policies.
- Laferty v. UPS, Inc., No. 3:14-cv-00853-TBR, ____ F. Supp.3d ____ (W.D. Ky. May 4, 2016) (granting summary judgment to employer on employee's disability discrimination and failure-to-accommodate claims).
- Sharp v. Waste Management of Ohio, Inc., et al., 47 F.Supp.3d 584 (S.D. Ohio Sept. 16, 2014) (granting summary judgment to corporate and individual defendants on employee's federal and state claims for disability discrimination and retaliation, FMLA interference and retaliation, workers' compensation retaliation, and wrongful discharge).
- Brian Johnson v. Five Rivers Metro Parks, et al., Montgomery County Common Pleas Court Case No. 2014 CV 00022 (July 21, 2014) (granting 12(b)(6) dismissal to public agency and public employees on claims of negligent hiring, negligent retention, negligent supervision, intentional infliction of emotional distress, and public records violations).
- Titus v. Verizon Wireless, Case No. 3:10-cv-469, 2012 WL 4089898 (S.D. Ohio Sept. 17, 2012) (granting summary judgment to corporate and individual defendants on employee's federal and state claims for race and gender discrimination and retaliation).
- In re Rotek Incorporated and USW Local 8565, 131 LA 895 (Miles, 2012) (denying union's contract interpretation grievance and rejecting union's argument that crews had to be fully-staffed before employer could implement new 24/7 schedule).
- Berryman, et al. v. SuperValu Holdings, Inc., et al., 669 F.3d 714 (6th Cir. Feb. 24, 2012) (upholding grant of summary judgment to employer in eleven-plaintiff, nine-defendant race discrimination, harassment, and retaliation lawsuit filed under state and federal law).
- In re Moyno, ODJFS Docket No. 000000001200010, Determination ID 224640498-1 (May 24, 2012) (issuing global denial of unemployment benefits for employees involved in four-month labor dispute).
- Moyno, Inc. v. UAW et al., Clark County Court of Common Pleas Case No. 12-CV-0249 (March 12, 2012) (granting employer's request for injunctive relief to control union behavior during strike).
- In re Chemineer, ODJFS Docket No. 000000001000003, Determination ID 220449532-1 (April 16, 2010) (issuing global denial of unemployment benefits for employees involved in two-month labor dispute).
- Berryman v. SuperValu Holdings, Inc., Case No. 3:05cv169, S.D. Ohio (March 31, 2010) (issuing eleven separate summary judgment decisions in favor of corporate and individual defendants on employees' federal and state claims for race discrimination, harassment, and retaliation).
- Chemineer, Inc. v. Int’l Assoc. of Machinists and Aerospace Workers, Montgomery County Court of Common Pleas Case No. 2010CV02008 (March 9, 2010) (granting employer's request for injunctive relief to control union behavior during strike).
- Joy v. Robbins & Myers, Inc., DOL ARB Case No. 08-049 (Oct. 29, 2009) (upholding dismissal of former employee's SOX complaint in ALJ Case No. 2007-SOX-074).
- IAMAW Local Lodge 225 and Chemineer, Inc., 12-2 ARB ¶5588 (Zeiser, Sept. 17, 2009) (denying union's contractual grievance filed on behalf of materials handler who was discharged for sleeping on-the-job).
- Meade v. Honda of Am. Mfg., et al., Case No. 3:02cv419, 2009 WL 10457600 (S.D. Ohio Feb. 27, 2009) (dismissing plaintiff's COBRA claims).
- Liberty Township v. SERB, 2007-Ohio-295 (10th Dist. 2007) (sustaining employer's objections to union representation election, invalidating certified election results, and ordering new election).
Magnode Corp. v. ODJFS, 2006-Ohio-3086 (12th Dist. 2006) (upholding global denial of unemployment benefits for employees involved in nine-month labor dispute, saving employer almost $400,000).
Highlights & Recognitions
- Selected for inclusion in Ohio Rising Stars, by Ohio Super Lawyers Magazine, 2014-2015; and Kentucky Rising Stars, by Kentucky Super Lawyers Magazine, 2016-2017
Civic & Charitable Organizations
- Leadership Council on Legal Diversity: Law Student Mentor (2015-present)
- Abilities First Foundation: Trustee, Secretary, and Executive Committee Member, 2008-present
- Wegerzyn Garden Foundation: Board Member, 2010-2012
- Brown's Run Country Club: Trustee and Secretary, 2005-2010
- Middletown Area United Way: New Business Account Manager, 2007
- Middletown Area Chamber of Commerce: Steering Committee for Community Leadership, 2006-2007
- Volunteer Lawyer's Project: Volunteer Attorney, 2004-2007; Volunteer of the Year, 2007
- Middfest International: Executive Committee, 2005; Performing Arts Committee, 2004
Non-FBT Publications and Events
Author: Alison Stemler, Taxation of Executive Compensation - Planning and Practice, Chapter 1A - “Negotiating and Drafting Executive Employment Agreements” (Matthew Bender 2017).
Author: “Wishful thinking” won’t transform indefinite leave into reasonable accommodation,” KY Employment Law Letter, Vol. 27, No. 2 (Nov. 2016)
Speaker: FLSA Basics and the “Terrible, Horrible, No-Good, Very-Bad” Change, BB&T Annual Non-Profit Seminar (Oct. 2016)
Author: UPS driver's disability bias case upended by Kentucky law's definition of "disability," KY Employment Law Letter, Vol. 26, No. 10 (July 2016)
Author: Kentucky professor’s discrimination claim fails because of "new sheriff in town," KY Employment Law Letter, Vol. 26, No. 8 (May 2016)
Author: Vague gripes doom "pencil-pusher's" disability discrimination claim, KY Employment Law Letter, Vol. 26, No. 6 (March 2016)
Author: Minor slights lead to "reasonable belief" of major problem, KY Employment Law Letter, Vol. 26, No. 5 (Feb. 2016)
Author: A bird in the hand for two years beats no bird at all, KY Employment Law Letter, Vol. 25, No. 4 (Jan. 2016)
Speaker: 2015 FMLA Master Class for Kentucky Employers, BLR (Nov. 18, 2015)
Speaker: Accommodating Psychological Disabilities, 2015 OHPELRA Annual Conference
Speaker: Remaining Union-Free, Kentucky Chamber of Commerce (January-March, 2015)
Author: Recent FMLA Decision May Result In Leave "Hoarding," The Law at Work (May 2014)
Speaker: The Art of Herding Cats: Practical Solutions for FMLA Scenarios, 2014 OHPELRA Annual Conference
Speaker: Best Practices for Managing Employee Leave, 2013 OHPELRA Fall Conference
Author: Believe It or Not, Employers Might Be Forced to Pay Striking Employees, The Law At Work (November 2013)
Author: What Union Employers Should Know About No-Fault Attendance Policies, Employment Law 360 (Sept. 2013)
Speaker: Come Monday: Managing Leave Abuse, 2013 OHPELRA Annual Conference
Speaker: ADA Update: Emerging Issues and New Liabilities, 2012 OHPELRA Annual Conference
Speaker: ADA / FMLA: New Regulations…New Issues…Old Dilemmas, 2011 OHPELRA Annual Conference
Speaker: Federal Legislative Update: New Laws Coming Out of Washington, 2010 OHPELRA Annual Conference
Speaker: Taming the FMLA Monster, 2010 Ohio GFOA Annual Conference
Speaker: Balancing Identities, Expression, and Diversity at Work, 2009 OHPELRA Annual Conference
Author: U.S. Supreme Court Breathes New Life Into Old "Cat’s Paw" Fable, 2011 OHPELRA Newsletter
Author: AG’s "Crack Down" on Misclassification Benefits Public Employers, 2009 OHPELRA Newsletter
Author: Reprieve From "Healthy Families Act" May Be Short-Lived, 2008 OHPELRA Newsletter
Speaker: Harassment: It’s More Than Just Sex, 2006 OHPELRA Annual Conference