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Philip C. Eschels

Partner | [email protected]

Areas of Concentration

Phil is a partner and former co-chair of the Labor and Employment practice group. He represents employers in defending against employment-related claims in both federal and state courts. He represents clients involving covenants not to compete and the protection of trade secrets. Phil also counsels employers and trains management personnel concerning a wide range of employment-related topics including harassment, how to prevent discrimination lawsuits and how to minimize potential liability when hiring, disciplining and firing employees.

Phil is an Associate Editor and Chapter Monitor of the first supplement to the Employment Discrimination Law resource book.

Education

• Concordia University, River Forest, Illinois, B.A., 1974

• Ball State University, M.A., 1977

• Indiana University School of Law, J.D., with honors, 1983

Admitted to Practice

• Indiana, 1984

• Kentucky, 1985

Courts Admitted to Practice

• U.S. District Court, Southern District of Indiana, 1984

• U.S. District Court, Western District of Kentucky, 1985

• U.S. District Court, Eastern District of Kentucky, 1986

• U.S. Court of Appeals for the Sixth Circuit, 1988

Professional Memberships and Affiliations

• Louisville Bar Association (Section of Labor and Employment)

• Kentucky Bar Association (Co-Chair, Section of Labor and Employment, 1992)

• Indiana Bar Association (Section of Labor and Employment)

• American Bar Association (Committee on Equal Employment Opportunity, Section of Labor and Employment)

• American Employment Law Council

• Fellow of the College of Labor and Employment Lawyers, Inc., 2007

Professional Leadership

• Leadership Louisville, Class of 1997

• Bingham Fellows 2000

• Leadership Kentucky, Class of 2001

Louisville

Phone: (502) 587-3665 Fax: (502) 540-2219 Related Practice Areas Appeals

Business Immigration Collective and Class Action ERISA Controversy Labor Litigation/Arbitration Labor Management Relations Labor and Employment Management-Side Employment Law

Prevailing Wage Compliance and Defense

Privacy and Security Reductions-in-Force and Corporate Reorganizations Service Industry

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Philip C. Eschels

Partner | [email protected]

Civic and Charitable Involvement

• Louisville Bar Foundation, Inc. Board of Directors

• Actors' Theatre of Louisville Board of Directors

• Concordia Lutheran Church, Chairman of the Board of Elders

• Assumption High School Board of Directors

Honors & Awards

Annually selected for inclusion in Chambers USA: America’s Leading Lawyers for Business in the area of Labor & Employment

• Selected as a ‘2014 Top Rated Lawyer in Litigation’ by Martindale-Hubbell™, in conjunction with American Lawyer Media

• Selected as a ‘2013 Top Rated Lawyer in Labor & Employment’ by Martindale-Hubbell™, in conjunction with American Lawyer Media

Selected for inclusion in The Best Lawyers in America® in the fields Employment Law – Management, Labor Law – Management, Litigation – Labor & Employment, 2010-2014

Selected for inclusion in Who’s Who Legal USA. Eschels was recognized in The International Who’s Who of Management Labour & Employment Lawyers from 2011-2013

Selected for inclusion in Kentucky Super Lawyers® in the field of Employment Litigation: Defense, 2007-2014

Recognized as one of the “Top 50 Kentucky Super Lawyers” within the Kentucky Super Lawyers® lists, 2007-2014

• Selected for inclusion in Louisville Magazine’s 2014 “Top Lawyers” list in the field of Labor & Employment Law — Defense, 2011-2014

Contributions & Published Works

Cumulative Supplement, Employment Discrimination Law, Fifth Edition, B. Lindeman & P. Grossman, American Bar Association, Associate Editor, 2014

Cumulative Supplement, Employment Discrimination Law, Fifth Edition, B. Lindeman & P. Grossman, American Bar Association, Chapter Monitor, 2014

How to Avoid Legal Problems in Hiring and Firing in Kentucky, Co-Author, Bingham Greenebaum Doll LLP, 2002, 2006, 2010, 2013

Cumulative Supplement, Employment Discrimination Law, Fourth Edition, B. Lindeman & P. Grossman, American Bar Association, Chapter Editor, October 2010

Bridgeport Employment Law Treatise, Co-Authored chapter on "Post-Trial Issues," March 2010

• "Expanded FLMA Benefits Available to Military Families," Co-Author, Kentucky Association of Manufacturers’ The Goods, November 2009

Employment Discrimination Law, Fourth Edition, B. Lindemann & P. Grossman, American Bar Association, Chapter Editor, 2007

"Effective Post-Trial Motion Practice in Employment Cases," The Practical Litigator, July 2006

Kentucky Employment Law Letter, M. Lee Smith Publishers, Contributing Editor, 1990-2011

• "Minding Your Company's Business: Strategies to Assist Human Resources in Limiting Liability and Bringing Value to the Bottom Line, Harassment and Discrimination - How to Minimize Your Liability in Today's Work Environment," M. Lee Smith's Managing Your Workforce in 2002, Presenter and Co-Author, October 7-8, 2002

Cumulative Supplement, Employment Discrimination Law, Third Edition, B. Lindeman & P. Grossman, American Bar Association, Chapter Editor, 2001

"Kentucky Legislative Update in Employment Law: 1992," Kentucky Hospitals Magazine, October 1992

Co-author, "Whistleblowers, Insubordination and Employee Rights of Free Speech," Personnel Law Update 1991, April 15, 1991

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Philip C. Eschels

Partner | [email protected]

• “Overview of Labor Law,” Eastern Mineral Foundation, Special Institute on Miners' Rights and MSHA Discrimination Law, February 1989

• “Legal Issues of Smoking in the Workplace,” 1987

Presentations

• Firm Harassment Training, Sept. 6, 2012

• “Civility and Professionalism,” University of Louisville Labor Management Seminar, June 22, 2012

• “Administrative Agency Tips and Trends and Guidance for Handling Electronic Discovery,” Louisville Bar Association Seminar, June 14, 2012

• “Employers in Cyberspace,” SHRM, September 2011

• “Recognizing and Preventing Harassment and Discrimination in the Workplace,” Aug. 4, 2011

• “Social Media,” Kentucky Clerks Association, April 2011

• "Protecting the Company (and Yourself) from Liability for Harassment," Greater Louisville, Inc., January 2011

• “Group Dynamics of Social Media,” Louisville Bar Association, 2011

• Union Avoidance Seminar, 2011

• “Professional Series: Social Media,” Better Business Bureau, Cincinnati, November 2010

• "Trial Tactics," American Bar Association Labor & Employment Section Annual Meeting, Denver, Sept. 12, 2008

• "It Ain't Over 'Til It's Over," American Bar Association Annual Meeting, Aug. 9, 2005

• “Workplace Harassment,” Kentucky Society for Human Resource Management Conference, September 2002

• “Avoiding Employment Litigation from Disciplinary Actions, Terminations and Harassment,” SERC-NAHRO Annual Conference: Managing Your Workforce in 2002, June 18, 2002

• “Human Resources in Cyberspace: Telecommunications, E-Mail Monitoring and Discovery Issues,” Four Rivers SHRM, Minding Your Company's Business: Strategies To Assist Human Resources in Limiting Liability and Bringing Value to the Bottom Line, March 15, 2002

• “Avoiding Retaliation Claims,” American Bar Association EEO Basics Seminar, Louisville Bar Association, Dec. 13, 2000

• “Harassment – It's Not Just Sex Anymore,” Paducah Area Employee Relations Association, April 27, 2000

• “Hiring and Firing Without Fear,” Management Seminar, January 1993

• “The Legal Aspects of Employee Discipline and Evaluation,” Southeastern Regional Council, National Association of Housing and Redevelopment Officials, Nov. 16, 1992

• “Avoiding Employment Litigation,” Southeastern Regional Council, National Association of Housing and Redevelopment Officials, Nov. 16, 1992

• “Dealing with Unionization in Long Term Care in the Health Care Industry,” Kentucky Association of Health Care Facilities, Winter Annual Meeting, Nov. 10-11, 1992

• “The Legal Aspects of Employee Discipline and Evaluation,” Kentucky Association of Health Care Facilities, Summer Annual Meeting, May 7, 1992

• “Responding to Union Organizing Attempts in the Health Care Industry,” Kentucky Association of Health Care Facilities, Summer Annual Meeting, May 6, 1992

• “Sexual Harassment: Protecting the Company (and Yourself) from Liability,” Management Seminar, January 1992

• “The Americans with Disabilities Act,” KBA Workers Compensation Section, October 1991

• “Labor Law Developments and Responding to Union Organizing Attempts in the Health Care Industry,” HFMA-Invest In Quality, August 1991

• “Update in Labor and Employment Law,” Labor and Employment Law Section of the Louisville Bar Association, January 1991

• “Legislative Update,” Kentucky Bank Personnel Administrators, Inc., Oct. 1, 1990

• “Implementing Smoking Policies,” Green River Comprehensive Care Employment Issues Forum, April 14, 1989

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Philip C. Eschels

Partner | [email protected] Section Seminar, March 16, 1989

In the News

• Business First Features BGD's Philip C. Eschels for Work with Actors Theatre

News Releases

• 56 Bingham Greenebaum Doll Attorneys Named to 2015 Kentucky Super Lawyers List

• Twelve BGD Attorneys Named 2015 "Lawyers of the Year"

• 31 BGD Attorneys Receive Top Rankings in Chambers USA 2014

• Twenty-Six BGD Attorneys Named 2014 "Top Rated Lawyers in Litigation"

• Bingham Greenebaum Doll to Share Key Legal Changes and Recent Developments that Could Impact Kentucky Businesses

• Bingham Greenebaum Doll Attorneys Named 'Top Lawyers' by Louisville Magazine

• Bingham Greenebaum Doll Attorneys Named to 2013-2014 Kentucky Super Lawyers List

• Bingham Greenebaum Doll Attorneys Named Among 2014 Best Lawyers in America©

• Bingham Greenebaum Doll LLP Attorneys Named 'Top Rated Lawyers'

• Bingham Greenebaum Doll Attorneys Named Among 2013 Best Lawyers in America®

• Four Bingham Greenebaum Doll Partners Named a '2013 Top Ranked Lawyer in Labor & Employment'

• Bingham Greenebaum Doll Offers Regulatory Seminar

• Bingham Greenebaum Doll Attorneys Named Among 2013 Best Lawyers in America®

• Bingham Greenebaum Doll Attorneys Named to Kentucky 'Super Lawyers' List

• Bingham Greenebaum Doll Attorneys Receive Top Honors in Chambers USA Rankings

• Bingham Greenebaum Doll Attorneys Recognized as Louisville Magazine's "Top Lawyers"

• Bingham Greenebaum Doll Names Philip C. Eschels Co-Chair of its Labor and Employment Practice Group

• 54 Greenebaum Attorneys Named to The Best Lawyers in America® 2012 List

• 34 Greenebaum Attorneys Included in the 2011 Kentucky Super Lawyers List

• 19 Greenebaum Attorneys Named to 2011 Edition of Chambers USA: America's Leading Lawyers for Business

• Greenebaum Attorneys Selected for Inclusion in Who's Who Legal USA

• 35 Greenebaum Attorneys listed in Louisville Magazine's "Top Lawyers" Issue

• 55 Greenebaum Attorneys Named to The Best Lawyers in America® 2011 List

• 35 Greenebaum Attorneys Included in the 2010 Kentucky Super Lawyers List

• 19 Greenebaum Attorneys Named to 2010 Edition of Chambers USA: America's Leading Lawyers for Business

• 63 Greenebaum Attorneys Named to The Best Lawyers in America® 2010 List

• 34 Greenebaum Attorneys Included in the 2009 Kentucky Super Lawyers List

• 27 Greenebaum Attorneys Named to 2009 Edition of Chambers USA: America's Leading Lawyers for Business

• 34 Greenebaum Doll & McDonald Attorneys Included in 2008 Kentucky Super Lawyers List

• 28 Greenebaum Attorneys Named to 2008 Edition of Chambers USA America's Leading Lawyers for Business

• Philip C. Eschels elected a Fellow of the College of Labor and Employment Lawyers

• Greenebaum Attorneys and Practice Groups are Ranked in 2007 Chambers USA America's Leading Lawyers for Business Client Guide

• 34 Greenebaum Doll & McDonald Attorneys Listed in 2007 Kentucky Super Lawyers

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Philip C. Eschels

Partner | [email protected]

• Greenebaum Doll & McDonald PLLC Holds Four Number One Spots in Chambers USA Listing

Articles

• The Background on Employee Background Checks

• Expanded FMLA Benefits Available to Military Families

• Keeping a (trade) secret: Your memory loss is required

• Constant vigilance needed to avoid/stop unfair competition

• At-will employment does not mean terminations have no risk

• www.HELPWANTED: Who qualifies as an Internet Applicant?

Kentucky Employment Law Letter

• REASONABLE ACCOMMODATION: 10 tips on reasonable accommodations

• DISABILITY DISCRIMINATION: Pregnant Employee Entitled to Trial on Her Discrimination Claims

• FRAUD: Employer may terminate employee who misrepresented need for FMLA leave

• Protected Activity: Sixth Circuit Rejects Third-Party Retaliation Claims Under Title VII

Blog

• 5 Steps for Prudent Employers When Discharging Employees, Part Three: After Termination

• 5 Steps for Prudent Employers When Discharging Employees, Part Two: At Termination

• 5 Steps for Prudent Employers When Discharging Employees, Part One: Before Termination

• Supreme Court to Decide if FICA Deductions are Required for Severance Payments to Involuntarily Terminated Employees

• Reminder: You Can Strictly Enforce Notice Requirements Under FMLA

• Court Ruling in Alleged Retaliation Case Favors Employers

• Employers in Indiana May Be Required to Reassign Disabled Employees to Vacant Positions

• Four Advantages For Employers to Consider Using Employment Contracts

• Acting General Counsel of NLRB Provides Guidance on When Employers May Discipline Employees for Social Media Activities

• New Rule Will Require Employers to Post Notice of Employees' Rights Under Federal Labor Law

• FLSA Protects Employees Who File Oral Complaints

• Update on NLRB and What Employers Can Do Now

Events

• 2014 Corporate Law Update: Legal Tips for Kentucky Business

• 2013 30th Annual Carl A. Warns, Jr. Labor & Employment Law Institute

• Corporate Update: Legal Tips for Businesses

• 2012 29th Annual Carl A. Warns, Jr. Labor & Employment Law Institute

• 2012 Corporate Law Update - Louisville

• Lessons From Penn State -- Businesses Need to Review Reporting Policies and Conduct Ongoing Training

• 27th Annual Kentucky SHRM Conference

• 2011 Greenebaum Corporate Update

• How to Protect Your Company in the Modern Age of Social Media - Lexington Session

References

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