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Carl F. Muller

Partner
Cleveland, OH | D 216.696.5619 | F 216.592.5009
overview

Carl Muller represents management in labor and employment law matters, general commercial litigation, and insurance defense.

He appears across the state of Ohio in courts of common pleas, courts of appeals, and federal district courts. Over the course of his career, Carl has tried more than 75 jury and bench trials to verdict.

Carl defends employers in litigation involving sexual harassment, the Age Discrimination in Employment Act, the Family and Medical Leave Act, non-compete and confidentiality covenants, quasi-contract/promissory estoppel claims, employee handbooks, substance abuse policies, employment-at-will, whistleblower claims, retaliation claims, public policy torts, employee intentional torts, employee privacy issues, and disciplinary actions. He also represents businesses with matters before the Equal Employment Opportunity Commission and Ohio Civil Rights Commission. He has undertaken numerous EPLI defenses for major insurance carriers and reviewed and litigated both EPLI and other coverage issues.

Carl is an experienced arbitrator with the American Arbitration Association’s National Panel of Employment Neutrals, Ashtabula County Court of Common Pleas, Lake County Court of Common Pleas, and the Equal Employment Opportunity Commission Volunteer ADR Program. He has been involved in arbitrations of a variety of employment-related litigation with claims valued at more than $1,000,000, and has served as a privately retained mediator in significant employment matters.

An active educational speaker and writer on employment law and litigation, Carl has presented programs to attorneys, human resources professionals, managers, and students. His many employment law articles appear in law reviews, textbooks, newsletters, and CLE publications.

education & admissions

education

  • Cornell Law School (J.D., 1972)
  • Grinnell College (B.A., with honors, 1969)

state admissions

  • Ohio, 1972

federal admissions

  • Supreme Court of the United States
  • United States District Court, Northern District of Ohio
  • United States District Court, Southern District of Ohio
services & industries
experience
publications & events

Publications

  • The Best of Labor & Employment Law, Editor-in-Chief, Ohio State Bar Association CLE Institute (1st, 2nd, 3rd, 4th, and 5th (2015) Editions)
  • "ADA and ADAAA Update – A Review of the Comprehensive Statutory and Regulatory Changes Now in Effect," Ohio State Bar Association CLE Institute (2013)
  • "Mandatory Arbitration of Ohio Employment Claims," Ohio CLE Institute (2002, 2009)
  • "Sexual Harassment in the Workplace – Case Law Update: Emerging Issues in the Wake of Ellerth & Faragher," Ohio CLE Institute (2001, 2008)
  • "The Bermuda Triangle of Employment Law – The Deadly Intersection of ADA, FMLA, and Workers’ Compensation," Ohio CLE Institute (2006, 2008)
  • "Mandatory Arbitration of Employment Claims," Federation of Insurance and Corporate Counsel Quarterly, Vol. 48, No. 4 (Summer 1998)
  • "Conducting and Documenting Workplace Investigations of Harassment," Employment Law Counselor, published by Business Laws, Issue No. 86 (1997)

Speaking Engagements

  • "Domestic Violence and Employers: What Are Employers Doing?", Ohio State Bar Association webinar (October 2017)
  • "Workplace Privacy: The Gathering Storm," 54th Annual Midwest Labor and Employment Law Seminar, Ohio State Bar Association, Columbus, Ohio (October 2017)
  • “A View from the Bench and the ‘Bench’ – Perspectives of a Trial Court Judge and an Arbitrator on Employment Law Trials and Hearings,” Advanced Employment Law Seminar, Ohio State Bar Association CLE (May 2017)
  • "New Frontiers in Employment Law," Ohio State Bar Association webinar (May 2017)
  • "NLRA and the Non-Union Workplace: New Traps for the Unwary," Ohio State Bar Association webinar (December 2016)
  • “Top 10 Employment Law Risks,” Hot Topics in Employment & Employee Benefits Law, Tucker Ellis LLP, Columbus, Ohio (November 2016)
  • "What You Need to Know about the DOL’s Wage and Hour Changes," Ohio State Bar Association webinar (October 2016)
  • "Top Employment and Employee Benefits Concerns for Employers," Hot Topics in Employment & Employee Benefits Law, Tucker Ellis LLP, Cleveland, Ohio (October 2016)
  • "Employment Practice Liability Issues: Perspective of Plaintiffs’ and Employer Counsel," 52nd Annual Midwest Labor and Employment Law Seminar, Ohio State Bar Association, Columbus, Ohio (October 2015)
  • "Advanced Employment Law," Ohio State Bar Association CLE Institute, Columbus, Ohio (2005, 2008, 2010, 2013)
  • "The Idiosyncrasies of Ohio Employment Law," Ohio State Bar Association CLE Institute, Columbus, Ohio (2002, 2006)

Media Quotes

  • "6 Ways Employers Can Dump Office Romance Worries," Law360 (February 2016)
honors

Awards & Professional Recognition

  • Martindale-Hubbell® AV Preeminent® rating
  • The Best Lawyers in America® (2013-2018)
    • 2018 Cleveland Lawyer of the Year (Employment Law – Management)
  • Ohio Super Lawyers® (2012-2018)
  • Ohio Alternative Dispute Resolution Lawyer of the Year, Corporate INTL (2013)

affiliations
in the community

Civic & Professional Involvement

  • American Arbitration Association National Panel of Employment Neutrals
  • American Bar Association
    • Labor and Employment Law Section
    • Equal Employment Opportunity Committee
    • ADR Committee
  • Annual Midwest Labor & Employment Law Conference, Planning Committee
  • Ashtabula County Bar Association
    • President (1983-1984)
    • Certified Local Grievance Committee, Chair (1992-1993)
  • Cleveland Metropolitan Bar Association
    • Labor Section
  • The Federation of Defense and Corporate Counsel
    • Employment and Civil Rights Section, Chair (1996-1998)
  • Lake County Bar Association
    • Labor and Employment Committee
    • CLE Committee
  • Ohio State Bar Association
    • Board of Governors, Labor & Employment Section (1988-present)
    • CLE Institute, reference manual editor
    • Labor & Employment Law Specialty Certification Board, Chair (1998-present)