Seth T. Ford provides advice and litigation services on labor and employment law matters under both state and federal law, including claims of harassment and discrimination, unfair labor practices, breach of employment agreements (particularly confidentiality and non-competition agreements), reductions in force and issues under the Family Medical Leave Act. In addition to his experience before trial courts, Mr. Ford has extensive experience before appellate courts and has represented clients in more than fifty arbitrations. He is licensed in Georgia, Texas and Arkansas, and has successfully litigated labor and employment matters as lead counsel in over a dozen states and throughout the Southeast.
Representative Experience
Employment Law Matters:
Successfully defended and presented oral arguments before Eight Circuit Court of Appeals on behalf of retail chain accused of sexual harassment and tort of outrage. Anderson v. Family Dollar Stores of Arkansas, Inc., 579 F.3d 858 (8th Cir. 2009).
Obtained summary judgment and an award of attorney fees in defending a forest products company against former manager’s claims of discriminatory discharge. Brady v. Georgia Pacific Corp., 2009 U.S. Dist. LEXIS 67725 (N.D. Miss. Aug. 4, 2009).
Obtained summary judgment as lead counsel in defending multiple claims of discriminatory discharge and violations of Family Medical Leave Act. Taylor v. Georgia Pacific, LLC, 2009 U.S. Dist. LEXIS 25766 (W.D. Ark. March 31, 2008).
Obtained summary judgment and successfully defended Canada-based wood products company before Eighth Circuit Court of Appeals against claims of disability discrimination based on HIV status and alcoholism. Stewart v. Domtar Industries, Inc., 2007 U.S. App. LEXIS 7014 (8th Cir. March 23, 2007).
Successfully defended insurance adjusting company at litigation over proper classification of adjusters under the Fair Labor Standards Act. Hann et al. v. Crawford 1 Coo., 2005 U.S. Dist. LEXIS 21233 (N.D. Pa. 2005).
Trial counsel for one of North America’s largest insurance adjusting companies while defending class action involving multi-million dollar claims for fraud and violation of the Fair Labor Standards Act.
Lead counsel in successfully defending largest privately-held forest products company in the United States against dozens of employment claims of all types throughout the Southeast.
Traditional Labor Law Matters:
Successfully defended and presented oral arguments on behalf of multiple energy companies before D.C. Circuit Court of Appeals in overturning various unfair labor practice findings by the NLRB regarding changes to retiree benefits. Southern Nuclear Operating Co., et al v. NLRB, 254 F.3d 1350 (D.C. Cir. 2008).
Successfully arbitrated more than 50 labor disputes, including numerous disputes involving discipline or discharge of employees for violation of substance abuse policies. See, e.g., 2007 AAA LEXIS 395 (May 10, 2007) (upholding discharge for positive alcohol test); 123 Lab. Arb. Rep. 686 (Jan. 17, 2007) (upholding discharge for positive cocaine test); 118 Lab. Arb. Rep. 752 (March 25, 2003) (upholding abstinence requirement due to alcohol abuse).
Lead counsel on behalf of forests products company in obtaining withdrawal of unfair labor practice charge alleging that over 200 contracts were unlawful under the National Labor Relations Act.
Regularly advises regional nuclear power company in employment law disputes and traditional labor issues, including strike preparation, collective bargaining agreement disputes and arbitrations.
Publications and Speaking Engagements
Editor-in-Chief, Georgia Human Resources Manual, A Guide to Georgia and Federal Employment Laws and Regulations (American Chamber of Commerce Resources 2006 – 2010; Speaker: “Effective Appellate Advocacy and Oral Argument,” Georgia State University Moot Court Program (August, 2008); Speaker: “Bring Your Gun to Work Laws,” Troutman Sanders Labor and Employment Seminar (November 2008).