Photo of David B. Kesler
 

David B. Kesler

Of Counsel
Phone:
423-785-8423
Fax:
423-321-1540
Chattanooga Office
832 Georgia Avenue
Suite 1000 Volunteer Building
Chattanooga, TN 37402-2289

David Kesler concentrates his practice in employment law and defending employers in employment litigation and arbitrations. He has represented a number of national and international corporate clients in employment litigation in state and federal courts throughout the country. He has been lead counsel at all stages of the litigation, including discovery, summary judgment, bench and jury trials, and appellate argument. He recently completed the successful representation of a national client in having a class action discrimination lawsuit decertified. Mr. Kesler regularly represents employers in the investigation and defense of charges of discrimination filed with the Equal Employment Opportunity Commission and comparable state agencies, including preparation of position statements in response to charges, participation in on-site interviews, and negotiation of conciliation agreements. He also represents clients in responding to audits by the Office of Federal Contract Compliance Programs. Mr. Kesler regularly counsels employers in employment decisions, including hiring, promotions and terminations and drafts employment contracts and separation agreements. He also assists clients in drafting employment policies and generally in complying with the various federal, state and local statutes and regulations affecting the employment relationship. In addition to Mr. Kesler's vast experience in employment law, he has also represented numerous credit unions on a variety of matters for over thirty years.

Representative Experience
  • Represented large corporate client in ten plaintiff case in state and federal courts in North Texas.
  • Represented large corporate client in five plaintiff case in Atlanta, Georgia.
  • Represented large corporate client in five plaintiff case in Little Rock, Arkansas.
  • Represented large corporate client in class action in state and federal courts in Ohio alleging harassment and hostile work environment.
  • Represented large corporate client in nationwide putative class action in New Jersey alleging discrimination.
  • Represented large corporate client in potential class action discrimination case in New York. Claims of 70+ claimants were settled through specifically negotiated voluntary dispute resolution agreement.
  • Represented client with catastrophic injuries in state court litigation and obtained significant settlement.
Presentations
  • "Strategically Taking the Target Off Your Back -- How to Avoid 'Inviting' Future Employment Lawsuits," Tennessee State SHRM Conference, September 2011
  • "Credit Union Governance"
  • "Landmines That You May Be Walking Through Without Even Knowing It"
  • "Top Ten List - Mistakes Managers Make That Can Get You Sued"
  • Documentation in Employment Files
  • Leaves of Absence
  • Solving the ADA Problem
  • Interaction Between ADA, FMLA and State Workers' Compensation Laws
Other Professional Accomplishments
  • Selected for inclusion in Mid-South Super Lawyers®, 2010 & 2011
  • Has tried more than 20 jury trials to verdict
  • Has argued cases before two Federal Courts of Appeal, two state Courts of Appeal, and the Tennessee Supreme Court
  • Currently on the Panel of approved Mediators for U.S. District Court for Eastern District of Tennessee
  • Has served as a mediator, court-appointed neutral in federal court, and panel arbitrator for the National Arbitration Forum
  • Has served as a certified Tennessee Supreme Court Rule 31 Mediator from 1996 - 2000
Publications
  • "Step-by-step Guide to Investigating Workplace Harassment Claims," Tennessee Employment Law Letter, April, 2010
  • "EEOC Determination of Cause: Probative or Prejudicial Evidence," The Journal of the Trial Evidence Committee of the ABA, December 2009
  • "Don't Forget that Other Protected Class," Commercial Network Magazine, January, 2004