2011 Super Lawyers Pro Bono Award
Attorney Profile

Patricia M. Nemeth

Patricia Nemeth

Nemeth Burwell, PC
200 Talon Centre Drive, Suite 200
Detroit, MI 48207

Detroit

Michigan (MI)

Contact Contact Patricia M. Nemeth
T: 313-567-5921
F: 313-567-5928

Visit: www.nemethburwell.com
Practice Areas: Employment & Labor (50%), Employment Litigation: Defense (50%)

Employment & Labor

Employment Litigation: Defense

Industry Groups: Automobile Suppliers, Courts, Hospitals, Law Firms, Medical Suppliers, Municipalities, Nursing Homes, Retail

Profile

Patricia Nemeth, AV rated, earned her law degree and Masters of Labor Law degree from Wayne State University School of Law in 1984 and 1990 respectively. Since 1984, Ms. Nemeth has specialized in management labor and employment area as a litigator, consultant, negotiator, and more recently as a mediator.  In 2009, Ms. Nemeth was named as one of the twenty-five outstanding “Leaders in the Law” by Michigan Lawyer’s Weekly and honored by Wayne State University as a “Distinguished Alumni.” In 2008, she was named by Inforum as one of the 100 most influential women in Southeastern Michigan.

Selected To

Michigan Super Lawyers 2011
Michigan Super Lawyers 2010
Michigan Super Lawyers 2009
Michigan Super Lawyers 2008
Michigan Super Lawyers 2007
Michigan Super Lawyers 2006

About Patricia Nemeth

Admitted: 1984, Michigan

Professional Webpage: www.nemethburwell.com/firmcontacts/bio.cfm?id=2

Honors and Awards:

  • Best Lawyers in America", Labor and Employment Law, 2011
  • “Best of Michigan Business”, Corp! Magazine, 2011
  • “Webby”, The Webby Awards, 2011
  • “Silver Award”, W3 Awards, 2011
  • “WEBAWARD for Outstanding Achievement in Web Development”, Web Marketing Association, 2011
  • "Wayne State University Distinguished Alumni Award", 2009
  • "Women in Leadership - Small Business", Michigan Business Professional Association, 2010
  • “Best in Class Award for Legal Website”, Interactive Media Association, December 2010
  • “Grant Thornton Leader & Innovator of the Year”, Leaders & Innovators, 2010
  • "The Top Ten Best Places to Work in Southeastern Michigan", IRI Consultants to Management and Crain's Business, 2001
  • "Top 10 Woman Business Owner in Michigan", National Association of Women Business Owners, 2002
  • Category Winner, Organizational Performance, "The Best Places to Work in Southeastern Michigan", IRI Consultants to Management and Crain's Business, 2003
  • "The Top Ten Best Places to Work in Southeastern Michigan", IRI Consultants to Management and Crain's Business, 2003
  • "Distinguished Volunteer", Association of Fundraising Professionals, 2005
  • "Metropolitan Detroit's 101 Best and Brightest Companies to Work For", Michigan Professional & Business Association 2008, 2000-2006
  • "Top 50 Women Super Lawyers in Michigan," 2008, 2007, 2006
  • "100 Most Influential Women in Southeastern Michigan", Inforum, 2008
  • "Michigan's Best Business" Honoree, Corp! Magazine, 2009, 2008
  • "21st Century Innovators", Michigan Lawyer's Weekly, 2009, 2008
  • "25 Leaders in the Law", Michigan Lawyer's Weekly, 2009
  • "Five on the Rise", Detroit Regional Chamber, 2009
  • "Detroit Economic Bright Spot", Corp! Magazine, 2009
  • "Best Lawyers in America", Labor and Employment Law, 2010
  • “Cool Places to Work”, Crain’s Detroit Business., 2011

Special Licenses/Certifications:

  • Masters of Labor Law, Wayne State University School of Law, 1990
  • Mediation Certification and Specialized Training:  40 Hour Civil Mediation Training, ICLE, 2003
  • 3rd Annual Advanced Negotiation and Dispute Resolution Institute , 2004
  • Certified Mediator, 2004
  • 4th Annual Advanced Negotiation and Dispute Resolution Institute, 2005
  • 5th Annual Advanced Negotiation and Dispute Resolution Institute, 2006
  • American Arbitration Association – Certified Mediator - Since, 2007
  • American Bar Association, ADR in Bloom, Washington, DC, 2007
  • Mediation Training Class, Master Class, 2007
  • 6th Annual Advanced Negotiation and Dispute Resolution Institute, 2007
  • 8th Annual Advanced Negotiation and Dispute Resolution Institute, ICLE, 2008
  • Advanced Mediation Training, 2nd Annual Master Class, 2008
  • Advanced Mediation Training, 3rd Master Class, 2009
  • Enforcing Employment (Not Labor) Arbitration Awards, American Arbitration Association, 2009
  • IMI - Certified Mediator, 2009
  • Advanced Mediation Training, 4th Annual Master Class, 2010

Bar/Professional Activity:

  • Participant in Oakland County Bar Association's ABC's of Practice -- Hanging out your own Shingle - February 17, 2011
  • Participant in Oakland County Bar Association's ABC's of Practice -- Hanging out your own Shingle - February 17, 2011
  • Michigan Bar Association - Labor and Employment Section; International Law Section
  • American Bar Association - Labor and Employment Section; Insurance Law Section; Alternative Dispute Resolution Section
  • Illinois Bar Association

Pro bono/Community Service:

  • Vista Maria - Ms. Nemeth serves on the Executive Board for Vista Maria (Vice Chair) and is on their Capital Campaign Committee.  She formerly served on Vista Maria’s Marketing and Fund Development Committee for eight years and has been involved with Vista Maria since 2000
  • Girl Scouts of Detroit -  Ms. Nemeth has served on the Personnel Committee since 2003

Scholarly Lectures and Writings:

  • “Update on Employment Laws”, Health Care Association of Michigan, Webinar – July 2010.
  • “Responding to a Discrimination Complaint”, National Association of Legal Support – July 2010.
  • "Update on Employment laws", Health Care Association of Michigan, Webinar.
  • "How to Keep Rockin' When the EEOC Comes Knockin'", Health Care Association of Michigan - September, 2010.
  • "Get Outta My Face ... book. Health Care Association of Michigan Educational Presentation Social Networking in the Workplace. January, 2011.
  • Co-author, How the NLRB Views Social Media Disciplinary Issues, Law.com, October 14, 2011.
  • Co-author, “Don’t be Blind-Sided by GINA”, Executive Counsel, October/November 2011.
  • "Significant Labor Relations Doctrines Established by MERC Case Law and the Courts", Michigan Public Employer Labor Relations Association Manual - 1987.
  • "The Revenue Act of 1987:  A Preview of What Tips Will Cost You at the Next Boston Tea Party", Michigan Restaurateur -January/February 1988.
  • "Grooming Policies:  Do Employers Lose All Power When They Require Grooming and Other Standards?” Michigan Restaurateur  - March/April 1988.
  • "Criminal Activity - What Duty Do You Owe Your Customers to Prevent It or to Intervene?” Michigan Restaurateur - May/June 1988.
  • "Minors in Michigan - Employment and Minimum Wage", Michigan Restaurateur - July/August 1988.
  • "Providing Notice to Employees for Business Closings and Layoffs", Michigan Restaurateur - September/October 1988.
  • "Federal and State Prohibition of the Lie Detector", Michigan Restaurateur - November/December 1988.
  • "Civil RICO and the Labor Law Practitioner",  Michigan Bar Journal, July 1989.
  • "Successorship:  Buyer and Seller Obligations", Institute of Continuing Legal Education, 15th Annual Labor Law Seminar - April, 1990.
  • "Sexual Harassment", Straight Talk, Amyre Makupson, Channel 50 - November 1993.
  • "Sexual Harassment:  Understanding the Law for Managers and Supervisors", Nursing Homes - December, 1993.
  • "Update on Public Employment Law", Michigan Public Employer Labor Relations Association Manual1993.
  • "Race, Gender and Age Discrimination", Michigan Public Employer Labor Relations Association Manual-1994.
  • "Understanding Sexual Harassment", Straight Talk, Amyre Makupson, Channel 50 - May, 1995.
  • "Hiring, Disciplining and Firing", Michigan Municipal Risk Management Association - June, 1995.
  • "Defending Claims Filed by a Disabled Employee Still Employed with the Company", Michigan Defense Quarterly, - Fall, 1995
  • “Leased Employees - What Protections from Employment Claims Do Employers Have?” Michigan Defense Quarterly, - Summer, 1996
  • “What You Don't Know Can Land You In Court”, Crain's Small Business, - April, 1997
  • “ADR Under Michigan's Uniform Arbitration Act and Court Rules”, Michigan Defense Quarterly, - Summer, 1997
  • “Employment Issues -- Are You In Compliance?” Michigan Municipal Risk Management Association - March, 1998
  • “Employment Practices Liability -- An Effective Employment Practices Strategy”, Chubb Insurance Groups, Inc. – May, 1998
  • “Nursing Facilities and the Fair Labor Standards Act”, Health Care Association of Michigan – October, 1999
  • “ADA and the FMLA: What You Don’t Know Can Land You In Court”, Joint Labor Management Counsel – November, 1999
  • “Hiring, Disciplining and Firing”, American Society of Employers – (ongoing seminars), 2000
  • “Supervisors 101 In Michigan”, Lorman Education Services – November, 2000
  • “Hiring, Disciplining and Firing”, American Society of Employers – (ongoing seminars), 2001
  • “Supervisors 101 In Michigan”, Lorman Education Services – November, 2001
  • “Hiring, Disciplining and Firing”, American Society of Employers – (ongoing seminars), 2002
  • “Supervisors 101 In Michigan”, Lorman Education Services – November, 2002
  • “Employment and Labor Law”, Co-author, Wayne Law Review, 2002
  • “Hiring, Disciplining and Firing”, American Society of Employers – (ongoing seminars), 2003
  • “Employment and Labor Law”, Co-author, Wayne Law Review, 2003
  • “What You Need to Know About Employment Laws in the United States”, Women Entrepreneurs of Canada and National Association of Women Business Owners, 2003
  • “Employment and Labor Law”, Co-author, Wayne Law Review, 2004
  • “Personnel Records”, Lorman Education Services - March, 2004
  • “Disciplining and Terminating Employees - Protect Yourself”, Health Care Association of Michigan and Michigan Center for Assisted Living - October, 2004
  • “Employment and Labor Law,” Co-author, Wayne Law Review, 2005
  • “To Blog or Not to Blog: Employee and Employer Guidelines,” Michigan Lawyer’s Weekly - Volume 19, No. 28 May, 2005
  • “Substance Abuse Policies”, Comcast Newsmakers – September, 2005
  • “Employment and Labor Law”, Co-author, Wayne Law Review, 2006
  • Ford and Reduction in Force Issues. Channel 4 News, 2006
  • “Employment Firms Impacted by Labor History, Other Factors,” Detroit Legal News - January, 2007
  • “Employment and Labor Law”, Co-author, Wayne Law Review, 2007
  • “Identity Theft Issues in the Workplace”, Health Care Association of Michigan – September, 2007
  • “Privacy in the Workplace and Conducting an Internal Investigation”, Sterling Education - July, 2008
  • "Employment and Labor Law", Co-author, Wayne Law Review, 2008
  • Co-author, "Employment and Labor Law", Wayne Law Review, 2009
  • "Seeking Clarity on Michigan Medical Marijuana Law", Co-author, Employment 360, 2009
  • Labor and Employment Law Update, Chubb Group of Insurance Companies, 2009
  • "Genetic Discrimination in Employment", Co-author, The Michigan Bar Journal, 2009
  • Due Process and the Law: "Employment and Labor Issues", Henry Baskins, Channel 50 - March - June, 2010
  • Participant in Oakland County Bar Association's ABC's of Practice -- Hanging out your own Shingle, February 17, 2011., 2011

Verdicts and Settlements:

  • Resolved highly publicized litigation involving the mayor of a major municipality.
  • Represented a Casino in a ten Plaintiff Arab American discrimination suit filed in Wayne County Circuit Court. All ten Plaintiffs were employees at the time the suit was filed and remained employed throughout the pendency of the suit. Early in the litigation, the decision was made to file a motion to dismiss one of the Plaintiffs based on judicial estoppel grounds because he did not list the claim in his bankruptcy filing, which was granted. After discovery closed, the strategy was to file motions to dismiss on seven other Plaintiffs leaving the most questionable Plaintiffs for last. The seven motions to dismiss were all granted. After obtaining the Judge’s reasoning on the seven, we used that reasoning to have the seven dismissed. We were able to convince the Judge that the individuals were limited to using incidents of which they were personally aware to support their hostile work environment claims
  • Case of first impression in the United States.  ERISA litigation dealing with gender rule versus birthday rule and the coordination of benefits between two health care plans.  We argued the gender rule was discriminatory.  The court in a published decision agreed.  Numerous benefit plans were changed throughout the United States as a result. 
  • Plaintiff sought recovery of $670,000 that he had lost gambling at a Casino, relying on a 150-year old statute that permitted victims of illegal gambling to recover losses. The case, if won, by Plaintiff would have far reaching effects not only for the particular Casino sued, but for all of the other legalized non-tribal casinos in Michigan. Cross motions for summary judgment were filed. Defendant sought summary disposition on the pleadings, arguing that the old statute relied upon by Plaintiff applied only to illegal gambling. Plaintiff’s gambling at the Casino was legal, as the result of a 1996 voter-initiated law that authorized gambling at three casinos in Detroit. Plaintiff also sought summary disposition. Plaintiff and his counsel gave numerous media interviews regarding the case, and posted all of the pleadings on the attorney’s website, apparently fueled by a desire to abolish casino gambling. The court granted Defendant’s motion and denied Plaintiff’s motion.
  • Plaintiff filed a four-count complaint arising out his alleged termination of employment as Chief Operating Officer from an energy company.  He claimed: (1) Breach of Contract; (2) Violation Of The Michigan Whistleblowers Protection Act; (3) Violation Of Michigan Public Policy/Retaliation; and (4) Fraud And Misrepresentation. The claims were filed against five defendants: two corporate entities and three individuals. The complexity of the case was high, and involved novel issues of individual liability and independent contractor versus employee status under both the Michigan Whistleblowers Protection Act and Michigan Public Policy.  The case also involved complex issues of fraud in the inducement on the Breach of Contract claim and reliance on the Fraud and Misrepresentation claim. When our firm took over from another firm who had handled it, there was a default judgment pending against the Defendants.  Plaintiff was demanding 2.5 million dollars.  After a hard fought litigation battle, Plaintiff refused to facilitate.   In July 2009, two of the individual named defendants were dismissed as was individual liability for all named defendants under the Whistleblowers claim.  The court held the remainder of the summary disposition in abeyance.  The case evaluated for $65,000 which both parties rejected.  At a settlement conference, in August 2009, the case settled for the case evaluation amount.  
  • Successfully handled numerous sexual harassment litigation claims involving claims against officers such as CEOs of companies and health care organizations. Claims dismissed or settled for nominal amounts, and successfully defended a class action age discrimination claim against an automotive supplier in reduction in force case. Case dismissed
  • Handled numerous labor strikes. One that lasted for three months and included over 200 discharges, and one in which there were approximately 30 discharges due to picket line violence. Decertification matters handled successfully.
  • Time card fraud case. Successfully defended allegations that administrator of nursing home directed lower level staffing coordinator to pay employees for not working in order to meet state staffing ratios. Wrongful discharge and intentional infliction of emotional distress. Case involving a staffing coordinator. Wrongful discharge case dismissed pursuant to motion. Intentional infliction of emotional distress claim was submitted to a stipulated high/low arbitration. After a 21 day hearing, the arbitrator ruled the discharged employee was entitled to nothing.
  • Obtained Summary Disposition in favor of municipal client in an action filed by the highest ranking attorney (City Corporation Counsel) based on 1st Amendment retaliatory defamation and discrimination under 42 U.S.C. Section 1983., 2010
  • Defeated union organizing drives by Teamsters and SEIU.  Successful on defending against unfair labor practices filed for terminations and against objections to union election filed., 2011

Representative Clients:

  • Automobile Suppliers and Dealerships, Courts, Hospitals, Law Firms, Medical Suppliers, Municipalities, Nursing Homes, Retail

Newsletters:

  • Newsletters are sent to our clients on a quarterly basis

Educational Background:

  • Wayne State University School of Law, Detroit, MI J.D. 1984
  • Mediation Certification and Specialized Training: 40 Hour Civil Mediation Training, ICLE (2003)Certified Mediator (2004)3rd Annual Advanced Negotiation and Dispute Resolution Institute (2004)4th Annual Advanced Negotiation and Dispute Resolution Institute (2005)5th Annual Advanced Negotiation and Dispute Resolution Institute (2006)6th Annual Advanced Negotiation and Dispute Resolution Institute (2007)Mediation Training Class, Master Class (2007)American Bar Association, ADR in Bloom, Washington, DC (approximately 30 hours) (2007)American Arbitration Association – Certified Mediator (2007-Present)Advanced Mediation Training, 2nd Annual Master Class (2008)
  • Detroit Regional Chamber of Commerce, Leadership Detroit; Graduate of LDXXVI (2004-2005)
  • University of Michigan, Ann Arbor, MIB.A., Psychology, Sociology with distinction, 1981.
  • Wayne State University School of Law, L.L.M., 1990
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