Defending the employer is a different practice than suing the boss.
Management-side employment law is a specialty. An attorney who spends their days suing employers will not approach a Memphis EEOC charge, a wage-and-hour audit, or a non-compete dispute the same way as one who spends their days defending employers. These 10 Memphis firms represent the management side: defending discrimination charges, drafting employee handbooks, structuring RIFs and terminations, defending wage-and-hour collective actions, advising on classification and FMLA, and enforcing non-competes and non-solicits.
These 10 Memphis firms cover employer-side employment law for everything from one-off projects to ongoing outside-counsel relationships. Most offer flat-fee work for routine matters and hourly billing or retainers for complex engagements. Use this guide as a starting shortlist, then call at least two firms before you sign anything.
How we picked these 10: We reviewed Best Lawyers, Super Lawyers, Chambers USA, Avvo, and Maryland or Tennessee bar association recognition; published court records and decisions; firm websites; and client review patterns across Google, Avvo, and Justia. Firms that appeared consistently across independent sources made the list. We do not accept payment for placement, and we do not write sponsored reviews. More on our methodology →
Practice focus: Management-side employment law, executive employment agreements, employer counseling
Cary Schwimmer has practiced employment law in Tennessee and nationally for over forty years, focusing on representing employers, physicians, and executives. Former Management Chairperson of the ABA's Subcommittee on Privacy in the Workplace.
Practice focus: Employer-side defense, discrimination litigation, federal EEO complaints
Has represented Memphis employers in employment law matters since 1992. Focused litigation practice for employer defense.
Practice focus: Labor and employment, employer defense, wage and hour, traditional labor
M. Kimberly Hodges is recognized by Best Lawyers for Employment Law - Management and Litigation - Labor and Employment. Amber Isom-Thompson is recognized in the same categories. Deep employer-side bench.
Practice focus: Employer-side litigation, discrimination defense, employment counseling
Ranked #1 Bet-the-Company Litigation firm in Tennessee. Strong when an employment matter is a high-stakes lawsuit, not a routine handbook update.
Practice focus: Labor and employment, employer defense, traditional labor, wage and hour
Multi-state employment practice. Useful for Memphis-based employers with operations in Mississippi, Arkansas, or other Butler Snow office states.
Practice focus: Employer defense, labor law, employment litigation
Recognized in Best Lawyers for Litigation - Labor and Employment in Memphis. Solid management-side bench for mid-market and larger Memphis employers.
Practice focus: Labor and employment, executive compensation, employer defense
Strong on the intersection of employment and corporate work: executive employment, equity comp, M&A employment due diligence.
Practice focus: Employer defense, wage and hour, labor relations
Regional firm with employment defense capacity across the Southeast. Useful for Memphis employers with multi-state operations.
Practice focus: Employer counseling, employment litigation, traditional labor
Mid-market employment practice with strong counseling and litigation capability. Good fit for closely-held Memphis businesses with ongoing HR needs.
Practice focus: Employer defense, employment litigation, contracts and non-competes
Recognized for Litigation - Labor and Employment in Memphis. Mid-size firm with practical employer-side practice.
Tell us about your employer-side employment law situation and we will match you with vetted employer-side employment law attorneys in Memphis. Free, confidential, no obligation.
Request Free Consultation →Memphis management-side employment attorneys typically bill at $325-$650/hour. Handbook drafting or refresh: $3,500-$10,000 flat. EEOC charge response: $5,000-$15,000. Defense of a single-plaintiff discrimination case through trial: $50,000-$200,000+. FLSA collective-action defense: $75,000-$500,000+. Most firms offer a counseling subscription or general counsel retainer for ongoing HR questions in the $1,500-$5,000/month range.
An EEOC charge typically takes 6-18 months from filing to determination. After a right-to-sue letter, the employee has 90 days to file suit; federal employment cases in the Western District of Tennessee usually reach trial in 18-30 months. Handbook drafts can usually be turned around in 2-6 weeks. Non-compete TROs and preliminary injunctions can move from filing to hearing in 1-4 weeks.
Tennessee is an at-will employment state. The Tennessee Human Rights Act (Tenn. Code Ann. § 4-21-101 et seq.) mirrors federal Title VII protections. Tennessee enforces reasonable non-competes if they protect a legitimate business interest. Federal employment lawsuits involving Memphis employers are heard in the U.S. District Court for the Western District of Tennessee; state-law claims typically go to Shelby County Circuit or Chancery Court. The Tennessee Lawful Employment Act adds I-9-style verification requirements that go beyond federal law.
The Shelby County court system, the local administrative culture, and the unwritten rules of practice all matter. A firm that knows the local courthouse, the local clerks, and the local opposing counsel has an advantage on every motion, every deposition, and every settlement conversation. That is most of why this guide focuses on Memphis-based or Memphis-experienced firms rather than national chains with thin local presence.
The legal directory you find on Google has hundreds of Memphis firms claiming employer-side employment law experience. Most are competent. A few are problematic. The patterns to avoid:
Guaranteed outcomes. No ethical attorney can guarantee a result. If a firm promises a specific recovery, settlement number, or trial verdict, walk away.
The disappearing partner. You meet a senior partner at intake, then never speak to them again. The matter is handled by an unsupervised junior or a paralegal. Ask in writing who will be your day-to-day attorney.
Pressure to sign immediately. Reputable firms give you the engagement letter in writing, time to read it, and the option to take it home. High-pressure intake is almost always a sign of a volume shop, not a craftsperson's practice.
No verifiable track record. The firm should be able to point to verdicts, settlements, peer rankings, bar association recognition, or representative matters. Vague claims like "we have helped thousands of clients" are marketing copy. Specific numbers, named cases, and third-party rankings are evidence.
Vague fee terms. Every legitimate Memphis lawyer will give you a written engagement letter with the fee structure, what is covered, what triggers extra charges, and what happens if you fire them. If you cannot get the fee in writing, that is your answer.
Most Memphis firms on this list offer a free initial consultation. Use it. Bring a list of questions and write down the answers. Compare across at least two firms before you sign.
Do not contact the employee or talk to anyone in the office about the charge until you have employer-side counsel. Preserve all relevant documents (emails, personnel file, time records). The response deadline is typically 30 days; ask for an extension if needed. Most charges close without litigation if the response is professional and well-supported.
Yes. Either the employer or employee can end the employment relationship for any reason or no reason, as long as the reason isn't an illegal one (discrimination based on a protected class, retaliation for protected activity, etc.). At-will does not mean you cannot be sued; it just means you don't need cause to terminate.
Generally yes, if the non-compete protects a legitimate business interest and is reasonable in scope (geography, duration, activities restricted). Tennessee courts often blue-pencil overbroad agreements rather than throwing them out. Physician non-competes are restricted under Tenn. Code Ann. § 63-1-148.
You don't need one legally, but every employer should have one. A handbook documents at-will status, sets expectations, creates affirmative defenses for harassment and discrimination claims (you used the policy, they didn't), and gives supervisors a script. A poorly drafted handbook can also create unintended contractual obligations, which is why it should be lawyer-drafted.
The federal test (DOL, IRS) looks at control, financial dependence, permanence, skill required, and integration into the business. Misclassification exposure is significant: back wages, payroll taxes, unemployment insurance, workers' comp premiums, and penalties. Memphis employers using contractors should periodically have an employment lawyer audit the classifications.
The Fair Labor Standards Act allows employees alleging wage-and-hour violations (unpaid overtime, misclassification, off-the-clock work) to sue on behalf of similarly situated employees. Unlike class actions, employees opt in. Collective actions are expensive because they expand quickly: one plaintiff can become dozens within months.
In most contexts, yes. Tennessee enforces employment arbitration agreements as long as they meet basic fairness requirements (mutual obligation, reasonable cost-sharing, neutral arbitrator selection). The Ending Forced Arbitration of Sexual Assault and Sexual Harassment Act (federal, 2022) limits arbitration in those specific categories.
Through summary judgment: $35,000-$120,000 in attorney fees plus costs. Through trial: $100,000-$300,000+. Most cases settle in the $25,000-$150,000 range pre-trial. Insurance (EPLI) usually covers some or all of this, depending on policy terms.
More from LawFirmSquare on this topic: the full Employment Law (Employer Side) guide, all Memphis law firms by need, request a free consultation, what lawyers actually cost, and how to compare firms.
One last thing. Choosing a lawyer is personal. Read the reviews. Call two or three firms before you sign. Ask each one: How many matters like mine have you handled in the last three years? The answer tells you everything. — The LawFirmSquare team