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Jathan Janove
Partner
Jathan Janove is a nationally published and highly respected employment law attorney who defends claims and trains and advises employers on how to prevent workplace claims and improve employee relations. He also assists employers with internal investigations and alternative dispute resolution proceedings. Jathan is a partner in Ater Wynne’s Employment and Litigation Groups. He maintains his practice in both the Pacific Northwest and the Intermountain West.

Jathan’s employer training programs include, “The 8 Deadly Sins of Mismanagement," The Star Profile," “Sexual Harassment and Speed Limit 55" and "Jerks at Work."  Visit his web site at: www.jathanjanove.com.

Jathan is listed in the Oregon chapters of Chambers USA America’s Leading Lawyers for Business and Best Lawyers in America for his employment law expertise.  He was named 2006 Citizen Lawyer of the Year by the J. Reuben Clark Law Society, Salt Lake Chapter.  Jathan was also named 2005 Employment Lawyer of the Year in Utah, where he established an employment boutique firm, Janove Baar and Associates, in Salt Lake City and was listed in 2007 "Mountain States Super Lawyers. "

Jathan is a member of the National Speakers Association, a regular presenter for the Society for Human Resource Management (SHRM), a contributing editor of Oregon employment law advice to HR Specialist, and a frequent author for HR Magazine and other trade and industry publications. His most recent book, The Star Profile: A Management Tool to Unleash Employee Potential, received the Gold Medal Award for the Business category at the 2009 Independent Publisher Book Awards. Jathan's first book, Managing to Stay Out of Court: How to Avoid the 8 Deadly Sins of Mismanagement, has been recommended as “an extraordinarily useful book that will benefit managers and workers,” by the Library Journal.


Professional Experience
  • Ater Wynne LLP, Portland, Oregon, and Salt Lake City, Utah, Partner, 2007 to present
  • Bullard Smith Jernstedt Wilson, Portland, Oregon, and Salt Lake City, Utah, Partner, 2005 to 2007
  • Janove Baar and Associates, Salt Lake City, Utah, Partner, 2001 to 2005
  • Janove and Associates, Salt Lake City, Utah, Partner, 1992 to 2001

Education
  • University of Chicago, J.D., 1982
  • Indiana University, B.A., 1979

Admitted to Practice
  • Idaho, 2004
  • New York, 2005
  • Oregon, 2006
  • Utah, 1982
  • Washington, 2007
  • U.S. Court of Appeals, Ninth Circuit
  • U.S. Court of Appeals, Tenth Circuit

Professional Activities
  • National Arbitration Forum, Panel Member
  • Management Labor & Employment Roundtable (MLER)

Representative Matters
  • Touchard, et al. v. La-Z-Boy, Inc., Case No. 1-04-CV-67, US District Court, District of Utah, November 2008 (denying plaintiffs' Motion to Certify Class Action following Utah Supreme Court's ruling on Certified Questions, 148 P.3d 945 (Utah 2006), that cause of action exists for employees discharged in retaliation for seeking workers' compensation benefits, but does not extend to claims of harassment, discrimination or other adverse employment acts short of discharge.)
  • Angel v. Utility Trailer Company, Case No. 1:04CV00058, US District Court, District of Utah, August, 2004 (granting defendant's motion to dismiss plaintiff's employment discrimination claims under Title VII statute of limitations).
  • Hathaway v. Fall River Rural Electric Cooperative, Case No. CIV 03-229-E-BLW, US District Court, District of Idaho, June 2004 (dismissing wrongful discharge lawsuit for failure to state a claim upon which relief may be granted).
  • Hathaway v. Fall River Rural Electric Cooperative, Case No. CV 03-297, 7th District Court, Fremont County, State of Idaho, October 2003 (granting motion to dismiss defendant directors and officers from former employee's lawsuit based upon alleged failure to promote and wrongful discharge).
  • Alward v. Burrelle's Information Services, No. CIV 00-0365 (D. Ariz. 2001), aff'd, 32 Fed. Appx. 200, 2002 WL 464038, (9th Circuit 2002) (employees' Title VII and pendent state law claims dismissed),
  • Kramer v. Galleon Armored Car, Inc., 216 F.3d 1087 (10th Cir. 2000) (upholding dismissal of individual claims asserted against officers, directors and owners of employer based on alleged sexual harassment), 2000 WL 783369 (unpublished).
  • Passerella v. Associated Food Stores, No. 2:97-CV-00798 (D. Utah 1999) (summary judgment granted in favor of employer on sex discrimination, Equal Pay Act, ADA, and Title VII claims).
  • Horvath v. Savage Manufacturing, Inc., 18 F. Supp. 2d 1296 (D. Utah 1998) (summary judgment granted in favor of employer on ADA, Title VII retaliation, intentional infliction of emotional distress and negligence claims).
  • Robertson v. Utah Fuel Co., 889 P.2d 1382 (Utah App. 1995) (affirming summary judgment for employer dismissing employee's breach of contract, promissory estoppel and intentional infliction of emotional distress claims).
  • Wright v. RCIM, No. 2:94-CV-00962 (D. Utah 1995) (summary judgment granted in favor of employer and individual officer defendants on wrongful discharge, intentional infliction of emotional distress and tortious interference with contractual relations claims).
  • Baumgardner v. ROA General, Inc., 864 F. Supp. 1107 (D. Utah 1994) (granting motion to dismiss Equal Pay Act claims).
  • Henrie v. Guadalahonky's & Co., No. 2:92-CV-00847 (D. Utah 1993) (following bench trial, sex discrimination, pregnancy discrimination and retaliation claims dismissed).
  • Lucas v. Wheeler Machinery Co., 1989 WL 226144, 53 Fair Empl.Prac.Cas. (BNA) 1729 (D. Utah 1989) (granting summary judgment dismissing former employee's ADEA claims).

Representative Publications and/or Presentations
  • Oregon. (An analysis of workplace claims and litigation.) Corporate International. November, 2009.
  • The Star Profile: A Management Tool to Unleash Employee Potential. Davies-Black Publishing. 2008.
  • Managing to Stay Out of Court: How to Avoid the 8 Deadly Sins of Mismanagement.  Society of Human Resources Management (SHRM) and Berrett-Koehler Publishers. 2005.
  • HR Magazine Guide to Managing People. Co-Author. SHRM 2006.
  • A Story Is Worth A Thousand Lectures HR Magazine. July, 2009.
  • Can't Beat 'Em So Join 'EmHR Magazine. June, 2008.
  • Sexual Harassment: Don't Be Surprised by the Three Big Surprises. Washington Healthcare News. April, 2008.
  • Hope for the Best; Document for the Worst. Oregon Business Magazine. July, 2006.
  • Jerks at Work. HR Magazine. May, 2007.
  • Retaliation Nation. HR Magazine. October, 2006.
  • Manage by Learning to Ski.  Portland Business Journal. Septemeber 2006.
  • Turning Right in a Left-Brain World (Creating a Star Profile). HR Magazine. August, 2006.
  • In Defense of Litigation (Strategies for a Claim Defense). HR Magazine, May, 2006.
  • Management by Leaning Forward. Association Management Magazine. June, 2005.
  • A 3,500-Year-Old Lesson in Delegating (the Pharaoh-Joseph Story). HR Magazine. March 2005.
  • Conclude and Communicate (Concluding an Internal Investigation). HR Magazine. August, 2004.
  • Private Eye 101 (Conducting Investigative Interviews). HR Magazine. July, 2004.
Jathan Janove
jj@aterwynne.com
503-226-8622
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