About Charles Gilbreath
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