About Charles Gilbreath

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Charles Gilbreath is a litigator by trade and has been trying cases his entire career.  He appears before state, federal, and administrative courts throughout Tennessee, representing and defending clients with issues related to all manner of employment laws, including the FMLA, ADA, and FLSA, as well as cases involving personal injury, contract disputes, products liability, and workers’ compensation, among others. 

In addition to his experience as a litigator, Charles also advises clients on a broad range of employment matters, including employee leave, harassment, non-compete, and discrimination issues, and negotiating employment agreements.  Charles also proactively works with clients to assist them in updating policies and handbooks to address other issues in today’s ever-changing work environment.

Charles utilizes his experience to offer clients a pragmatic approach to legal service.  He listens to his clients' concerns and what they want to accomplish, and he then takes the time to explain and make sure that his clients understand the risks connected with the different strategic options that are available to them.  In the end, whether a case requires a lengthy trial, or an early settlement, achieving the best result possible for his clients is what drives Charles in his practice.

As a native of Chattanooga, Charles has lived here for most of his life.  He grew up in East Brainerd and attended the University of Tennessee at Chattanooga, where he obtained his undergraduate degree, before moving to Memphis to obtain his law degree at the University of Memphis, Cecil C. Humphreys School of Law.  Charles currently resides in Ooltewah with his wife, son, and their two dogs.

Education

  • University of Memphis, Cecil C. Humphreys School of Law, 2014

  • The University of Tennessee at Chattanooga, 2010

 Bar Admissions

·      Tennessee

 Court Admissions

  • Federal District Court Eastern District of Tennessee

  • U.S. Court of Appeals Sixth Circuit

 Associations and Community Involvement

  • Brock-Cooper Inns of Court

  • Chattanooga Bar Association

  • Tennessee Bar Association

  • Hamilton County Youth Court, Volunteer

  • Wills for Heroes

  • Lambda Chi Alpha Fraternity

 Noteworthy Achievements

  • Best Lawyers in America: Ones to Watch, Labor and Employment Law - Management, 2021 - Present

  • ALI CLE Scholarship & Leadership Award recipient

  • CALI Academic Excellence Award: Products Liability

  • The University of Memphis Law Review, Member

  • Outstanding 3L Staff Member, Law Review

  • The University of Memphis Moot Court Board, Member

  • Philip C. Jessup International Moot Court Competition, Member

  • Advanced Moot Court Competition, Champion

  • 1L Moot Court Competition, Semifinalist

  • Dinkelspiel Family Scholarship

  • Dean's Letter Recognizing Academic Excellence

  • Dean's Distinguished Pro Bono Award

  • Law Student for Justice

Experience

  • Defended HOA from a HUD discrimination charge citing race and national origin. Following rounds of briefings and witness interviews, obtained a decision from HUD that there was no reasonable cause to believe that the HOA violated the Fair Housing Act.

  • Obtained complete dismissal for client facing FMLA retaliation and whistleblower allegations, which the 8th Circuit of Appeals unanimously affirmed on appeal

  • Achieved favorable settlement for client facing FLSA-misclassification allegations

  • Successfully defended claim for workers' compensation benefits after demonstrating the employee violated work restrictions, resulting in additional injuries

  • Obtained dismissal of intentional infliction of emotional distress and punitive damages claims for client, resulting in over one million dollars of potential damages being dismissed

  • Obtained dismissal of workers' compensation case where employee claimed mental injuries

  • Achieved reduction of attorney fee award for refusal to provide medical care via application of the doctrine of unclean hands

  • Achieved favorable settlement for client after successful deposition of workers’ compensation claimant purporting to be permanently and totally disabled

 Speaking Engagements

  • 2019 Northwest Georgia SHRM Meeting regarding FMLA and ADA issues

  • 2019 TN SHRM Conference regarding “Employee Medical Leave: Common Questions, Hot Topics, and Best Practices”

  • 2020 Lorman Webinar, co-presenting with Robert J, Barth, Ph.D., “Defending and Pursuing Mental Health Claims Under FMLA and ADA”  

Charles can be reached at cgilbreath@StephanWright.com or 423-826-6919