Thomas J. Birchfield
Tom Birchfield is the managing partner of the Louisville office, which he helped open for the firm in 2009. Tom has represented employers exclusively for over 30 years in federal and state courts and before various administrative agencies throughout the nation.
Tom prides himself in being incredibly responsive to his clients’ needs and in offering them sage and practical business advice on a variety of issues.
Tom assists employers with their employment practices liability prevention efforts by conducting training, counseling, and reviewing and revising employment policies.
Tom also handles all types of employment litigation, including trade secret and non-competition actions, and represents companies in collective bargaining, arbitrations and proceedings before the National Labor Relations Board (NLRB).
- Successfully represented an automotive parts supplier with over 500 employees in a union organizing campaign. The union withdrew its petition for election with the NLRB 48 hours prior to the election.
- Represented a large automotive manufacturer for many years in the defense of over 30 unfair labor practice charges filed by the UAW. Also assisted this client in its union avoidance efforts.
- Handled a Gissel bargaining order case for a large acute care hospital in a unit of 630 registered nurses which involved a 25 day administrative hearing and an appeal to the NLRB. The NLRB did not issue the bargaining order. (Audubon Regional Medical Center, 331 NLRB No. 42 (2000)).The case also involved a Section 10(j) injunction proceeding in which the NLRB's General Counsel petitioned a federal court to impose the bargaining order before the conclusion of the administrative hearing. Tom was one of the lead counsel on this matter and the request for injunctive relief was denied. (Ahearn v. Audubon Regional Medical Center, 937 F. Supp. 617 (W.D. Ky. 1996)).
- Handled litigation matters for a large assisted living company throughout the United States and is very familiar with the issues facing this industry. Tom has represented numerous other clients in mediation and trials.
Honors & Leadership
Honors & Awards
- AV Rated Attorney by Martindale-Hubbell
- Kentucky Super Lawyer since 2007
- Listed in Best Lawyers in America since 2007
- Labor Attorney of the Year: Management in 2012, Louisville: Best Lawyers in America and U.S. News and World Reports
- Labor Attorney of the Year: Management in 2018, Louisville: Best Lawyers in America
- Chambers USA, America's Leading Business Lawyers
- Member, Indiana Bar Association, Labor and Employment Law Section
- Member, Kentucky Bar Association, Labor and Employment Law Section
- Member, Louisville Bar Association
- Kentucky State Council Member, Society for Human Resources Management (1999-2006)
- Firm Also Ranked Among the Best in the U.S. for Labor & Employment Law4.25.19
- Firm Also Ranked Among the Best for Labor & Employment Law5.3.18
- Firm Also Ranked Among the Best for Labor & Employment Law5.30.17
- Fisher Phillips Opens Louisville Office: Five Attorneys Join Firm; One to Lead Automotive Manufacturing Practice Group1.21.09
Seminars & Speaking Engagements
- "Update on Significant Legal Decisions" - 26th Annual Kentucky Chamber Human Resources Update
- "Update on Significant Legal Decisions" - 24th Annual Kentucky Chamber Human Resources Update
- "Update on Significant Legal Decisions" - 23th Annual Kentucky Chamber Human Resources Update
- "Wellness Programs-All Well and Good? - Kentucky Chamber of Commerce Wellness Conference
- "Downsizing Staff-How to Reduce Liability" - 25th Annual Kentucky State SHRM Conference
- Supreme Court To Have Final Say In Upcoming Term5.31.17
- Indiana University Maurer School of LawJ.D. 1988
- Indiana UniversityB.S. 1985, with distinction
- U.S. Court of Appeals for the Sixth Circuit
- U.S. District Court for the Eastern District of Kentucky
- U.S. District Court for the Northern District of Indiana
- U.S. District Court for the Southern District of Indiana
- U.S. District Court for the Western District of Kentucky