Jan M. West
Member

(502) 589-4440

jwest@goldbergsimpson.com


Jan M. West
Rated by Super Lawyers


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Complexities of Employment Law

Watch as Labor and Employment attorney, Jan West discusses the complexities of employment law. Goldberg Simpson’s popular Q&A Series continues as West addresses why employment law can be complex, details common discriminatory practices and what advice she has for both employers and employees.

Overview

Jan Michele West has been a member of Goldberg Simpson since 2000. She practices in the areas of business/commercial litigation and employment litigation.

Ms. West represents clients in all aspects of commercial and business litigation, including real estate disputes, disputes between partners and members of limited liability companies, franchiser/franchisee disputes, and complex breach of contract disputes. She also represents employers and employees in litigation of race discrimination, sexual harassment, gender discrimination and age discrimination claims. In addition, she represents employers in drafting, interpreting and litigating employment agreements and non-compete covenants.

Ms. West is an arbitrator and a member of the commercial arbitration panel and the consumer panel of the American Arbitration Association through which she has heard and decided numerous contract disputes. She is also a member of the National Board of Arbitrators of the FINRA (Financial Industry Regulatory Authority) and has represented clients in disputes between securities brokers/dealers and their customers.

Ms. West was honored by Business First in 2001 as one of “40 under 40” leaders under the age of 40 who are making significant contributions to the Greater Louisville area. She was a founding member and president of the Executive Women’s Golf Association. Ms. West served as secretary of the National Association of Women Business Owners (“NAWBO”) in 2001 and was elected vice-president in charge of membership in 2002. She was on the board of the Business and Professional Women in River City for two years. Ms. West served as co-chair of the Susan Komen Race for the Cure in Louisville in 1999 and was a board member of the Kentucky Shakespeare Festival for three years. In 2019, Ms. West was elected to the Clearpath Mutual Board of Directors, and was selected to be included in the 26th edition of The Best Lawyers in America in the practice area of Litigation – Labor and Employment. This selection is based on a peer review survey and Ms. West now ranks among the top 5% of private practice attorneys nationwide. Ms. West has been selected as a Kentucky Super Lawyer in business litigation for 2008-2016, 2019 and 2020. Ms. West is also a member of the Louisville Zoo Foundation Board and the Girl Scouts of Kentuckiana Board of Directors.

Education

University of Louisville School of Law, J.D. (1990)
Western Kentucky University, B.A., Cum Laude (1987)

Admissions

Kentucky (1990)
U.S. District Court Western District of Kentucky (1991)
U.S. District Court Eastern District of Kentucky
U.S. Court of Appeals for the Sixth Circuit

Practice

Ms. West works in multiple practice areas at Goldberg Simpson.

Ms. West represents clients in all aspects of commercial and business litigation, including real estate disputes, disputes between partners and members of limited liability companies, complex breach of contract disputes, Uniform Trade Secrets Act claims, Consumer Protection Act claims, fraudulent misrepresentation claims and negligence claims.

Ms. West also represents employers and employees in litigation regarding race, gender and age discrimination, sexual harassment, hostile work environment and disputes involving non-compete agreements, confidentiality agreements and employment agreements. She also represents employers and employees in EEOC claims. Learn more

A large part of her practice involves preventing clients from becoming involved in litigation. For example, she frequently advises employers prior to terminating employees as to their potential liability. She routinely reviews non-compete agreements for employees and also drafts and reviews employment contracts and employee handbooks. Jan advises employers regarding compliance with the Fair Labor Standards Act. Employers are required to properly classify employees as “exempt” or “non-exempt” from the minimum wage and overtime requirements of the statute and she advises employers as to whether they have properly classified employees and assists them in the event of an audit by the Department of Labor.  Jan also advises employers on compliance with other state and federal statutes including the Family Medical Leave Act and the Federal and Kentucky Civil Rights Acts. Learn more

Ms. West is an arbitrator and a member of the commercial and consumer arbitration panels of the American Arbitration Association and in this capacity has heard and decided numerous contract disputes and has served on national arbitration panels since 1992. She is also a member of the arbitration panel of the Financial Industry Regulatory Authority (“FINRA”) and in this capacity she hears disputes between securities brokers/dealers and their customers.   Ms. West’s familiarity with the arbitration process has led her to successfully represent clients in arbitration proceedings in a variety of forums. Learn more

Accolades

  • Honors: Delta Theta Phi
  • Business First’s “40 under 40” leader in 2001
  • Super Lawyer
  • Peer elected top lawyer in Louisville
  • Featured in Louisville Magazine in 2016

 

Published

  • Burton v. Zwicker & Associates, P.S.C., 978 F.Supp.2d 759 (E.D. Ky. 2013)
  • Commonwealth Commercial Mobile Radio Serv. Emergency Telcomms. Bd. v. Tracfone Wireless, Inc., 712 F.3d 905 (6th Cir. 2013)
  • Commonwealth Commercial Mobile Radio Serv. Emergency Telecomms. Bd. v. TracFone Wireless, Inc., 735 F. Supp. 2d 713 (W.D. Ky. 2010)
  • Commonwealth Commercial Mobile Radio Serv. Emergency Telecomms. Bd. v. Tracfone Wireless, Inc., 953 F. Supp. 2d 780 (W.D. Ky. 2013)
  • Jewish Hosp. v. Sec’y, Health & Human Servs., 791 F. Supp. 168 (W.D. Ky. 1992)
  • Jewish Hosp. v. Sec’y of Health & Human Servs., 19 F.3d 270 (6th Cir. 1994)
  • Pedreira v. Ky. Baptist Homes for Children, Inc., 186 F. Supp. 2d 757 (W.D. Ky. 2001)
  • Pedreira v. Ky. Baptist Homes for Children, Inc., 553 F. Supp. 2d 853 (W.D. Ky. 2008)
  • Scherer v. Quality Communs., Inc. (In re Quality Communs., Inc.), 347 B.R. 227 (Bankr. W.D. Ky. 2006)
  • Albany Ins. Co. v. Stephens, 926 S.W.2d 460 (Ky. Ct. App. 1995)
  • Anderson v. Nat’l Sec. Fire & Cas. Co., 870 S.W.2d 432 (Ky. Ct. App. 1993)
  • Ashby v. Louisville, 841 S.W.2d 184 (Ky. Ct. App. 1992)
  • Cabinet for Families & Children v. Cummings, 163 S.W.3d 425 (Ky. 2005)
  • Collins v. Ky. Lottery Corp., 399 S.W.3d 449 (Ky. Ct. App. 2012)
  • Hill v. Ky. Lottery Corp., 327 S.W.3d 412 (Ky. 2010)
  • Ky. Real Estate Comm’n v. Hilliard Fin., LLC, 246 S.W.3d 910 (Ky. Ct. App. 2008)
  • Mustaine v. Kennedy, 971 S.W.2d 830 (Ky. Ct. App. 1998)
  • Virgin Mobile U.S.A., L.P. v. Commonwealth ex rel. Commercial Mobile Radio Serv. Telecomms. Bd., 448 S.W.3d 241 (Ky. 2014)

Engagement

  • Journal of Family Law, Member (1988 – 1989)
  • Journal of Family Law, Manuscript editor (1989 – 1990)
  • Louisville Bar Association, member
  • Louisville Bar Association, Vice-Chair of Dispute Resolution Section
  • Kentucky Bar Association, member
  • American Bar Association, member
  • National Board of Arbitrators of the FINRA, member
  • Louisville Zoo Foundation Board member
  • Louisville Zoo Conservation and Education committee member
  • Girl Scouts of Kentuckiana, Board member
  • Clearpath Mutual, Board member
  • Current member and former officer of the National Association of Women Business Owners