Overview

Clients value attorney Jeb Gerth's approachable and relatable style, both in the courtroom and the boardroom, and call on him regularly for assistance in defending litigation and for his practical advice on a wide range of complex employment and employee benefits issues.

Jeb has defended clients' interests in state and federal trial courts, appellate courts, and arbitration proceedings and before government regulators since 2005. He regularly represents employers in employment disputes under state and federal laws, including Title VII, the ADA, the ADEA, and the FMLA. Jeb has tried employment lawsuits to verdict and has successfully obtained summary dismissal in a wide range of disputes involving harassment, retaliation, and race, age, gender, disability, and religious discrimination claims, among others. He also assists employers in enforcing and defending non-competition and non-solicitation agreements both in court and through the negotiated resolution of claims.

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In addition to his employment practice, Jeb regularly advises on complex issues arising under ERISA. He also has litigated ERISA claims across the country, ranging from single-plaintiff ERISA denial of benefits claims to multi-plaintiff and breach of fiduciary duty claims. His litigation experience includes trying ERISA and other benefits claims. Jeb draws on this experience to help employers, plans, and plan administrators navigate the sometimes turbulent waters of federal preemption and ERISA equitable remedies.

Jeb regularly speaks to lawyers and human resources professionals, as well as employers, trade groups, and state regulatory agencies, on best practices in the workplace to reduce the risk of litigation. He has authored numerous articles on employment law issues and has been published in the American Health Law Association’s Labor & Employment Magazine and Journal of Health and Life Sciences Law.

Jeb is a Member of the Executive Council of the Tennessee Bar’s Labor and Employment Law Section and formerly served as its Chair.

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Focus Areas

Experience

  • Led a trial team in successfully defending gender discrimination, retaliation, and equal pay claims, resulting in a complete jury verdict in his shipping company client's favor. The verdict was upheld on appeal.
    Secured a trial verdict in an ERISA case on behalf of a manufacturing client and its pension plan.
  • Orally argued on behalf of one of the world's largest employers before the U.S. Court of Appeals for the Sixth Circuit, which resulted in a favorable decision on claims of race and age discrimination, retaliation, and FMLA interference.
  • Resolved complex claims arising under ERISA in a class action against a healthcare company.
  • Defended against an EEOC enforcement action that sought to modify and expand an employer's duty to accommodate individuals with disabilities.
  • Defended an energy company and its subsidiary in a putative class action alleging that the companies unlawfully stripped individual union members of hundreds of hours of accumulated sick time in violation of the parties’ labor contract, the NLRA, ERISA, and state law. A federal court dismissed all the claims.
  • Defended a multinational behavioral health care provider in a class action lawsuit alleging violation of the Fair Credit Reporting Act.
  • Defended a U.S. corporation in a complicated and unique EEOC enforcement action with class allegations made under the ADA and Genetic Information Nondiscrimination Act.
  • Successfully resolved an EEOC enforcement action against a national retailer regarding its manager's alleged sexual harassment of store employees.

Recognition

  • The Best Lawyers in America list, Employment Law – Management (2021 to 2025); Litigation – Labor and Employment (2020 to 2025); Litigation – ERISA (2025)
  • The Legal 500 United States, Trade Secrets (Litigation and Non-Contentious Matters) (2024)
  • Mid-South Super Lawyers list, Employment Litigation: Defense (2017 to 2018)
  • Mid-South Rising Stars list, Employment Litigation: Defense (2014 to 2015)

Credentials

Education

  • University of Tennessee College of Law (J.D., 2005)
    • Order of the Coif
  • Belmont University (B.A., magna cum laude, 1998)
    • Phi Sigma Tau, Philosophy Honor Society
    • Sigma Tau Delta, English Honor Society

Bar Admissions

  • Tennessee

Court Admissions

  • U.S. Court of Appeals for the Sixth Circuit
  • U.S. District Court, District of Colorado
  • U.S. District Court, Eastern District of Arkansas
  • U.S. District Court, Eastern District of Tennessee
  • U.S. District Court, Middle District of Tennessee
  • U.S. District Court, Southern District of Indiana
  • U.S. District Court, Western District of Arkansas
  • U.S. District Court, Western District of Tennessee
  • U.S. District Court, Western District of Virginia

Professional & Community Involvement

  • Young Leaders Council, Fall 2010 Class
  • Nashville Young Leaders Council, Alumnus
  • Tennessee Bar, Labor and Employment Law Section, Executive Council
  • Vanderbilt University Law School, Guest Lecturer

Events

Insights

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