productsliability

Court of Appeals Decision Reverses Trial Court Dismissal of Sexual Harassment Case in Matter Handled by Attorney Jason Lee

The Tennessee Court of Appeals reversed the dismissal of a sexual harassment case by the trial court in a matter that was handled by Attorney Jason Lee (Kelly L. Phelps v. State of Tennessee, 634 S.W.3d 721 (Tenn. Ct. App. 2021)).  The trial court ruled that the sexual harassment case could not proceed because the sexual harassment was not “in the workplace” due to the fact it occurred at a work Halloween party, after hours.   Burrow Lee, PLLC decided to appeal this ruling because the sexual harassment and sexual assault events were still significantly tied to the workplace and a narrow interpretation of Tennessee Law on this issue was not appropriate.  The Tennessee Court of Appeals agreed with the legal position we set forth in argument and by briefing.  The Tennessee Court of Appeals ultimately ruled, in a very important and extensive sexual harassment opinion, as follows:

Considering the totality of the circumstances, we hold that there is a sufficient nexus between the workplace and the harassment for a reasonable trier of fact to conclude that the sexual assaults perpetrated against Plaintiff, and the work situation that followed in the next few months, “affected a term, condition, or privilege of [her] employment.” Campbell, 919 S.W.2d at 31; Tenn. Code Ann. § 4-21-401(a)(1). A number of applicable actors favor this conclusion: the close proximity in space and time to the traditional workplace; the pressure applied to employees to attend; the roster of attendees at both parties, showing a great majority or entirety of employees; the sponsorship by Defendant of the party, including its provision of alcoholic beverages and encouragement to buy and drink them; Plaintiff’s testimony that the after-party was a “continuation” of the State sponsored party; and, as the trial court found, the “evidence that Josh Walsh sexually abused women at Paris Landing State Park prior to the Halloween party” and the “genuine dispute as to whether Defendant knew about all of Walsh’s behavior before the Halloween party.” See, e.g., Hawkins v. Anheuser-Busch, Inc., 517 F.3d 321, 341 (6th Cir. 2008) (“An employer’s responsibility to prevent future harassment is heightened where it is dealing with a known serial harasser and is therefore on clear notice that the same employee has engaged in inappropriate behavior in the past”). We vacate the trial court’s summary judgment against Plaintiff on her THRA discrimination and sexual harassment claims.

The entire Tennessee Court of Appeals ruling can be found here: https://www.tncourts.gov/sites/default/files/phelps.kelly_.opn_.pdf

The YouTube video for the oral arguments on appeal can be found here: https://www.youtube.com/watch?v=FhwHSuV9paI

employmentlaw

$170,000.00+ settlement reached in significant Sexual Harassment case

Attorney Jason A. Lee settled a longstanding sexual harassment case that has been in litigation for several years.  His client was sexually assaulted at a work event and then the employer mishandled the sex harassment investigation.  We had to litigate this case hard due to the failure of the employer to take responsibility for their actions.  The client review for this work was the following:

I was sexually assaulted by a supervisor during my employment for a large corporation. I made a claim afterward and filed all the proper paper work with HR. I was left in the dark feeling discouraged and unheard after months of working in what became a hostel work environment. I felt the need to reach out for some legal advice to see if this was proper protocol not really realizing legal advice was exactly what I NEEDED! Making the choice to contact Jason Lee was one of the best things I’ve ever done. There are no words that can truly express my gratitude for the trust he instilled back into me after everything I experienced. We had our first conversation over the phone and immediately I was 100% convinced that Jason’s compassion and knowledge would give me the strength to fight for what I know is right. Within days he started working and things started changing. Finally I started feeling heard! Let me just say never did I imagine how hard he would fight for me, but over the last few years he has stood in my corner so here I am praising the rock I needed to stay strong through it all, Jason Lee was that rock! The whole process was one of the scariest thing I have dealt with in my adult life, and Jason was always informative, compassionate, and sensitive to how I felt about every step. Myself being a woman reporting sexual harassment and my own experience calling a Male attorney made me very uneasy at first but Mr. Lee brought back trust for me that I thought was lost.

I know it can be very intimidating for anyone to just take the first steps in reporting sexual harassment but I would like to think I made a difference by standing up for myself and hopefully helping others along the way.

Forever I will be grateful for making that phone call to get some advice! I would recommend calling Jason to anyone seeking sexually harassment help he is professional, and easy to talk too, you won’t regret it.

Reach out to Attorney Jason Lee if you have any questions on sexual harassment or sexual assault.  Let him help you through the situation.

productsliability

$110,000+ settlement reached in sexual harassment case

Attorney Jason Lee was able to resolve another sexual harassment case against a large Tennessee Employer.  This case was resolved after extensive discovery and depositions of the parties in this case.  Our client wrote the following review about the work of Attorney Jason Lee on this sexual harassment case:

I was totally over my head when it came to wondering if I even had a case. I was so embarrassed by what had happened to me, I didn’t even know if I could talk to anybody about what happened. I called Jason, the first thing he did was ask me if I was okay. He was very gentle with the way he asked his questions. That put me at ease. That’s how it was through this whole ordeal. He answered every question, he made sure I understood every step of the process. I would recommend Jason 100%. He is a great attorney. He’s also a great person, who truly cares about his clients. I am so thankful to have had him on my side. If you come a crossed his name, don’t pass him up.

Contact Attorney Jason Lee to discuss your sexual harassment case to see if he can help you.

productsliability

$160,000 + settlement in sexual harassment case

Attorney Jason A. Lee recently settled a sexual harassment case in litigation involving a large regional service provider company.  His client was treated inappropriately by being touched and by being consistently made a sexual object at work.  The employer ignored her reports and did nothing to protect her from the sexual harassment.  There were multiple Defendants involved in the case and they decided to resolve the case before depositions, for a very substantial sum.  The client review for this work was the following:

In June of 2019 I reached out to Attorney Jason Lee. I was scared, mad, confused and extremely discouraged about my work atmosphere. It was hard to admit and say, but I knew I needed help and I knew what was happening to me was so WRONG. I was being sexually harassed for over six and half years at my place of employment by several individuals. I contacted Jason for help. This was the best decision I have ever made! I was overwhelmed with the continual sexual inappropriate words and actions directed towards me daily at my place of work and when I reached out to Jason for help and direction, THAT’S EXACTLY WHAT I RECEIVED! Jason listened to me and my entire story from start to finish and HE KNEW EXACTLY WHAT TO DO! He represented me faithfully! He believed in me and my case and FOUGHT FOR ME! His knowledge of the law and specifically sexual harassment cases is EXTENSIVE AND EXPERT LEVEL 100 PERCENT. Jason will guide you in truth, he’s always honest with you and keeps you extremely informed of your case. Jason left no room for error and he was DILIGENT in never backing down and fighting for me! Jason always returned my calls and emails – PROMPTLY, he was never rushed on the phone and took all the time I needed to explain matters I may not understand. Attorney Jason Lee fought for me, believed me, stood by my side when I was shaky and he pressed on to victory. My case duration was about a year and I received a very nice settlement. I’m beyond grateful I chose Attorney Lee his experience and wisdom regarding sexual harassment cases and especially mine is beyond compare.

Reach out to Attorney Jason Lee if you have a sexual harassment situation in your employment.  Let him help you through the situation.

insurancedefense

Another Sexual Harassment Case Settlement – Client Review

We recently settled another sexual harassment case against a restaurant company.  This was a substantial settlement for our client based on the facts of this case after we litigated the case for over one year.  Our client reviewed the work of Attorney Jason A. Lee as follows:

Great Attorney Will Recommend Him: 5.0 stars
In 2017 I contacted Attorney Jason Lee he accepted my sexual harassment case he work professionally on my case he was very quick on responding and promptly spoke with understanding with heart on my case he worked diligently until the case was settled this year of 2019 Thank You Again

employmentlaw

Six Figure + Settlement reached in Sexual Harassment Case

We very recently were able to obtain a very substantial six figure + settlement for our client in a sexual harassment case.  This was a case that we were able to resolve before depositions and discovery based on the facts of the case and our success in early motions to dismiss the claim.  We were successful in defending against the motion to dismiss filed by the Defendant which set up an early mediation and settlement of this case.

insurancedefense

$490,000.00 Settlement Reached in Sexual Harassment case

A large national company paid a settlement of $490,000.00 to settle a sexual harassment case that was litigated for almost two years by attorney Jason Lee.  There were numerous motions, depositions and lengthy discovery completed in the case in order to maximize the value of the case for our client.  Our client reviewed our legal work as follows:

I did not know where to turn when faced with the nightmare of sexual harassment in the workplace-but all it took was speaking to Jason once and all my fears melted away.
I knew I was in good hands.  (We just WON btw)

employmentlaw

Significant Multi Six Figure Settlement Reached in Upskirt Photos Case!

Attorney Jason Lee recently successfully concluded a case against a major national retailer for a situation where our client had upskirt photos taken of her while shopping.  This case was heavily litigated and resulted in a very significant settlement for our client.  Our client provided the following review of Attorney Jason Lee:

I contacted several lawyers regarding an upskirt situation that occurred and I am so glad I chose Jason Lee. No doubt, the best lawyer you can get! He is honest, professional, and prompt whenever you need to get in contact with him. I always knew what was going on in my case and understood everything that was happening because of how thorough and excellent Jason would explain. I am very happy with how my case was handled and the end result. I highly recommend Jason Lee to anyone looking for an outstanding attorney!

productsliability

Another Significant Sexual Harassment Settlement for Client

We recently obtained a significant sexual harassment settlement for a case pending in Davidson County, Tennessee.  This case was litigated including extensive written discovery and document production.  Also, multiple depositions were taken, putting significant pressure on the employer to answer for their sexually harassing behavior.  This resulted in a very significant settlement award that was obtained at a mediation.

This client reviewed us online and stated the following:

After working with Jason Lee over the past 13 months I have absolutely no regrets in hiring him to represent me. This was my first experience with this type of lawsuit and he always made sure I understood everything completely and was always patient with any questions and/or concerns I had. He was also always prompt when returning emails or phone calls. Without a doubt, throughout this case, I knew that Jason was fighting for me, not just because it’s his job but because he legitimately cared. I strongly recommend him for legal needs.

employmentlaw

Six-Figure Settlement Obtained for Client in Sexual Harassment Case Against National Employer

We recently obtained a very significant six-figure settlement against a large national employer in a severe sexual harassment case.  This case was settled prior to the filing of a lawsuit.  The facts and evidence were clearly outlined and provided to the employer and they settled in order to avoid a lawsuit.  Our client provided the following review of our legal work in this case:

Jason was AMAZING in my case. He is very knowledgeable and aggressive when it regards his clients rights! He always stayed in contact with me and let me know what was going on step by step! Jason got me a large settlement without even having to file suit! I would recommend him to ANYONE that has a sexual harassment in the work place issue!!!