Edward G. Phillips

Edward (“Ward”) Phillips has a wealth of knowledge and trial experience in his practice areas of Labor and Employment Law. Ward represents management exclusively in all areas of employment and labor relations, including state and federal employment litigation and in administrative proceedings before the Equal Employment Opportunity Commission, the United States Department of Labor, and the National Labor Relations Board. He is a forceful, effective litigator. Ward has been described by Chambers and Partners USA as, "one of the most talented lawyers in the state with a varied practice of litigation avoidance and successful litigation." Employment law is his passion, and he gives his clients timely prospective advice (i.e., how to deal with problem employees and structure policies).

For his Employment and Labor law practice, the prestigious peer-review publication, The Best Lawyers in America, selected Ward for inclusion to its list from 1995 through 2024, and also selected him as Lawyer of the Year Litigation - Labor and Employment, Knoxville for 2024. Mid-South Super Lawyers, another highly respected publication which uses a multi-phased selection process, including independent research and peer nominations and evaluations, selected him to its list for the years 2006-2010, 2012-2024 for his Employment Litigation Defense.

Ward co-authors an Employment Law column, The Law at Work in the Tennessee Bar Journal. This column has been cited by federal and state courts on the topic of Employment Law. See Sadlar v. Tyson Foods, Inc. (W.D. Tenn. May 27, 2022); Hardy v. TPC Southwind (Tenn. Ct. App. July 2, 2015); Lindsey v. Shelby Co. Bd of Educ. (W.D. Tenn. Feb. 19, 2019)

Ward focuses his practice on:

·      Litigation avoidance/prospective advice

·      Litigation in all types of employment law cases in state and federal courts

·      FLSA – collective actions

·      Discrimination, retaliation, harassment and whistleblower

·      Unfair competition and trade secrets

·      Religious institutions (Diocesan counsel for the Catholic Diocese of Knoxville)

·      Education

Ward has also been instrumental in developing training programs in many areas of employment relations. Ward has presented the Knoxville Bar Association’s Annual Employment Law Update for over two decades.

• Litigation Avoidance/Prospective Advice
• Employment Law Cases
• Constitutional Issues
• Civil Service Rights
• Administrative Proceedings

• Tennessee, 1978
• U.S. Court of Appeals 6th Circuit, 1980
• U.S. District Court Eastern District of Tennessee, 1978
• U.S. Court of Appeals 4th Circuit, 2016
• U.S. Court of Appeals 7th Circuit, 2018

• University of Tennessee College of Law, Knoxville, Tennessee
  • J.D. - 1978
  • Honors: With Honors
  • Honors: Order of the Coif
  • Honors: Tennessee Court of Appeals Judge Houston Goddard, Law Clerk
• East Tennessee State University
  • B.A.
  • Honors: Graduated with Honors

• Campbell v. Lockheed Martin Energy Sys. and Wackenhut Services, Inc., 2007 U.S. Dist. LEXIS 57871 (E.D. Tenn.), 2007
• Clark v. G4S Government Solutions, Inc. d/b/a WSI Oak Ridge, 2014 U.S. Dist. LEXIS 37832 (E.D. Tenn.), 2014
• Clark v. Lockheed Martin Energy Sys. and Wackenhut Services, Inc., 2007 U.S. Dist. LEXIS 50692 (E.D. Tenn.), 2007
• Copeland v. Lockheed Martin Corp., 221 F.3d 1334, 2000 U.S. App. LEXIS 24132 (6th Cir.) , 1999
• Cunningham v. Tennessee Cancer Specialists, PLLC 2013 U.S. Dist. LEXIS 97297 (E.D. Tenn.), 2013
• Davidson v. Lockheed Martin Energy Sys. and Wackenhut Services, Inc., 2007 U.S. Dist. LEXIS 30757 (E.D. Tenn.), 2007
• Escher v BWXT Y-12 LLC, 627 F.3d 1020 (6th Cir.), 2010
• Escher v BWXT Y-12, LLC 2009 U.S. Dist. LEXIS 66070 (E.D. Tenn.), 2009
• Leadbetter v. Gilley, 385 F.3d 683 (6th Cir.), 2004
• McKinney v. G4S Government Solutions, Inc. No 16-1498, 2017 US Appeals LEXIS 20473 (4th Cir.) (2017), 2017
• McKinney v. G4S Government Solutions, Inc., 179 F. Supp. 3d 609; 2016 U.S. Dist. LEXIS 403049, 2016
• Messner v. Lockheed Martin Energy Sys., Inc., 126 F.Supp 2d 502 (E.D. Tenn.), 2000
• Mynatt v. Lockheed Martin Energy Systems, Inc., 2008 U.S. App. LEXIS 6002, 2008 Fed. App. 153N (6th Cir. Tenn.), 2008
• O’Neal v. Wackenhut Services, Inc., 2006 U.S. Dist. LEXIS 34634 (E.D. Tenn.), 2006
• Rowan v. Lockheed Martin Energy Systems, Inc., 360 F. 3d 544 (6th Cir.), 2004
• Shapira v. Lockheed Martin Corp., 201 F.3d 441 (6th Cir.)(1999)
• Shroyer v Dollar Tree Stores, Inc. 2011 U.S. Dist. LEXIS 126522 (E.D. Tenn.), 2011
• Wade v. Knoxville Utilities Board, 259 F.3d 452 (6th Cir.), 2001

• “New Statute: Anti-Bullying Policy Creates Immunity for Workplace Emotional Distress Claims”, Tennessee Bar Journal, June 2019, by Edward G. Phillips and Brandon L. Morrow
• “The Public Employee Political Freedom Act”, Tennessee Bar Journal, February 2019, by Edward G. Phillips and Brandon L. Morrow
• “A Gentle Reminder on TRHA Claims: No Right to a Jury Trial in a Circuit Court”, Tennessee Bar Journal October 2018, by Edward G. Phillips and Brandon L. Morrow
• “Title VII in Transition”, Tennessee Bar Journal, June 2018, by Edward G. Phillips and Brandon L. Morrow
• “The Faragher-Ellerth Framework in the #METOO Era”, Tennessee Bar Journal, February 2018, by Edward G. Phillips and Brandon L. Morrow
• "Public Chapter 467: Public Employers and the Battle Over Gun Rights", Tennessee Bar Journal, October 2017, By Edward G Phillips and Brandon L. Morrow
• "Tipped Off: No Private Right of Action Under Tennessee Tip Statute", Tennessee Bar Journal, June 2017, by Edward G. Phillips and Brandon L. Morrow
• "Blowing the Whistle on Yourself: When Protected Activity Provides a Legitimate, Non-Discriminatory Reason for Termination", Tennessee Bar Journal, February 2017, by Edward G. Phillips and Brandon L. Morrow
• "Subjective Beliefs: Sufficient to Establish Pretext?", Tennessee Bar Journal, October 2016, by Edward G. Phillips and Brandon L. Morrow
• "O, That Mine Enemy Would Record Me With Her Smart Phone", Tennessee Bar Journal, June 2016 by Edward G. Phillips and Brandon L. Morrow
• "Badges and Blown Whistles: Recent Retaliatory Discharge Actions in Tennessee", Tennessee Bar Journal, February 2016, by Edward G. Phillips and Brandon L. Morrow
• "Yardley v Hospital Housekeeping Systems LLC: A Win for the Employment-at-Will Doctrine", Tennessee Bar Journal, October 2015, by Edward G. Phillips and Brandon L. Morrow
• "Sixth Circuit En Banc: Regular On-Site Job Attendance Remains an Essential Function", Tennessee Bar Journal, June 2015, by Edward G. Phillips and Brandon L. Morrow
• "Wage and Hour Issues in the High Court: Mandatory But Not Compensable", Tennessee Bar Journal, February 2015, by Edward G. Phillips and Brandon L. Morrow
• "General Assembly Passes a Host of Employment Law Amendments", Tennessee Bar Journal, October, 2014, by Edward G. Phillips and Brandon L. Morrow
• "Guns in Trunks: An Erosion of Tennessee's Employment-At-Will Rule?", Tennessee Bar Journal, June 2013, by Edward G. Phillips and Brandon L. Morrow
• "Variation in State and Federal Pleading Standards: Webb and Veasy", Tennessee Bar Journal, February 2013
• "Disability-Related Inquiries in Uncertain Times", Tennessee Bar Journal, June 2012
• "New NLRB 'Quickie Election' Procedures", Tennessee Bar Journal, February 2012
• "Staub v. Proctor Hospital: The Cat's Paw Theory Gets Its Claws Sharpened", Tennessee Bar Journal, June 2011
• "Ministerial Exception Meets It's Match: Primary Duties of Secular Employees", Tennessee Bar Journal, October 2010
• "What Not to Do When Separating Employment", Tennessee Bar Journal, June 2010
• "Non-Compete Agreements: It's Not All About You, Employers", Tennessee Bar Journal, February 2010
• "Where There's Smoke but No Fire, Ricci v. Destefano", Tennessee Bar Journal, October 2009
• "Strategies for Reducing Legal Risk in Reductions in Force", Tennessee Bar Journal, June 2009
• "Tennessee Supreme Court Speaks On Supervisory Harassment And Retaliation", Tennessee Bar Journal, February 2008
• "Prickly Pay Issues", Tennessee Bar Journal, June 2007
• "Reporting for Duty", Tennessee Bar Journal, May 2006, a feature article on USERRA

• "Employment Law Update", Knoxville Bar Association Lunch and Learn, 2008 to 2017
• “The Effect of Bankruptcy on Employment Law,” Tennessee Bar Association Employment Law Section, Nashville, Tennessee., 04/03/2008 to 04/03/2008
• “Employment Law and Regulatory Administration Update,” Management Labor Employer Roundtable, San Diego, California , 02/15/2008 to 02/15/2008
• “Ten Tips on Conducting Reductions in Force,” DOECAA 2007 Fall Conference, Cincinnati, Ohio , 09/26/2007 to 09/26/2007
• “Employment Law Update,” Knoxville Bar Association, Lunch and Learn, 09/13/2007 to 09/13/2007
• “Developments in Employment Law,” Kramer Rayson Employment Law Conference , 09/20/2007 to 09/20/2007
• “Managing the Employee Who is Absent” Kramer Rayson Employment Law Conference , 09/20/2007 to 09/20/2007

• Identified as leading employment lawyer in Tennessee Chambers and Partners USA, America's Leading Business Lawyers
• Listed in the Best Lawyers in America, Labor and Employment Law
• Listed in Mid-South Super Lawyers, Labor and Employment
• Best Lawyers, Lawyer of the Year in Employment Law - Management, Knoxville
• AV Rated by Martindale Hubbell
• Best Lawyers in America, Labor and Employment Law 1995-2019

• Labor and Employment Section of the Tennessee Bar Association, Former Chairman, 1997 to 1997
• Standing Committee on Admissions, 2000 to Present
• Helen Ross McNabb Center, Board of Directors, 2004 to 2010
• Helen Ross McNabb Center, Board Chair, 2008 to 2009
• Tennessee Bar Foundation, Fellow, 2004 to 2004
• Knoxville Bar Foundation, Fellow, 2004 to 2004
• American Bar Association
• ABA Labor and Employment Law Sections
• Roman Catholic Diocese of Knoxville, Diocesan Counsel, 2010 to Present

• Kramer Rayson LLP, Managing Partner, 2004 to 2006
• Tennessee Court of Appeals Judge Houston Goddard, Law Clerk