Labor and Employment
- Employment Litigation
Employment Relations, Policies, and Regulatory Practice
- Affirmative Action Programs
- Employee Discipline and Termination
- Employment Counseling
- Employment Policies and Manuals
- Equal Employment Opportunity
- Family and Medical Leave Act
- Management Training
- Wage and Hour/Fair Labor Standards Act
- Whistleblower Protection
- Worker Adjustment and Retraining Notification Act ("WARN")
- Workplace Harassment, Including Sexual Harassment
- Labor/Management Relations
- University of Chicago, J.D., 1981
- Indiana University, Ph.D., 1977
- Indiana University, M.A., 1973
- Kent State University, B.A., 1971
Bar & Court Admissions
- U.S. Supreme Court
- U.S. Court of Appeals, Sixth and Eleventh Circuits
- U.S. District Court, Northern and Southern Districts of Ohio
Mr. Bixenstine is a partner in the Vorys Cleveland office and a member of the labor and employment group. He is a certified specialist in employment and labor law and a fellow in the College of Labor and Employment Lawyers. Mr. Bixenstine represents employers in employment and labor litigation as well as providing legal counsel and advice in a wide range of employment-related issues. He has litigated claims involving breach of contract, wage and hour, FMLA, hostile environment, sex harassment, wrongful termination, and age, race, religious and national origin discrimination. He has led a variety of trials and arbitrations in state and federal courts involving ERISA claims and restrictive covenant damages claims. He has also defended and sought injunctive relief involving restrictive covenants and trade secrets. He is a strong proponent of alternative dispute resolution (ADR) and has extensive experience drafting and implementing ADR programs.
Career highlights include:
- For a manufacturing company, navigated non-competition law, and the Ohio law of arbitrability and the enforcement of arbitration awards, to obtain a very favorable recovery.
- For a medical center, successfully prevented the encroachment of the law of defamation into the process of making post-employment rehire recommendations.
- For a manufacturing company, successfully upheld critical non-competition covenants against a departing executive in the fact of claims in multiple forums.
- For a manufacturing company, successfully defended layoffs against WARN Act accusations while establishing critical WARN Act principles in the Sixth Circuit, in Oil, Chemical and Atomic Workers Intern. Union, Local 7-629, AFL-CIO v. RMI Titanium Co.,199 F.3d 881 (6th Cir. 2000)
- Handled the statistical components of the successful defense of the entity that created a firefighters test challenged as having a disparate impact on minorities.
- Obtained a ruling in the Ohio Supreme Court vacating an adverse appellate court ruling attempting to exclude intentional tort claims from the scope of arbitration agreements.
Mr. Bixenstine is a member of the American Bar Association, Ohio State Bar Association and Cleveland Metropolitan Bar Association. He is a member and past chair of the Labor Advisory Committee of the American Arbitration Association. He is also a past chair of the Federal Court Panel of Alternative Dispute Resolution of the Northern District of Ohio Management Employees Association.
Mr. Bixenstine has made several presentations and many articles involving both employment law and ADR.
Mr. Bixenstine received his J.D. from the University of Chicago. He holds a Ph.D. in political science and a master’s degree in statistics from Indiana University. He received his bachelor’s degree from Kent State University.
Honors & Awards
- Cleveland's Best Lawyers, 2012
- Ohio Super Lawyers, Employment and Labor, 2004-2014
- The Best Lawyers in America, Employment Law - Management, 2007-2014
- The Best Lawyers in America, Litigation - Labor & Employment, 2007-2014
- Chambers and Partners, Leading Lawyer in Labor & Employment, 2012-2013
- Martindale-Hubbell AV Peer Review Rated
- 12/4/2013Eighty-one attorneys from Vorys, Sater, Seymour and Pease LLP have been named 2014 Ohio Super Lawyers and Rising Stars. 57 Vorys attorneys were named 2014 Ohio Super Lawyer and 24 Vorys attorneys were named 2014 Ohio Rising Stars.
- 8/14/2013One hundred and eleven lawyers from Vorys, Sater, Seymour and Pease were recently selected by their peers for inclusion in The Best Lawyers in America® 2014.
- 7/1/2013Drew Parobek, a partner in the Vorys Cleveland office, was recently appointed to serve as the treasurer of the Cleveland Metropolitan Bar Foundation (CMBF). Barton Bixenstine, also a partner in the Vorys Cleveland office, was appointed to the CMBF Board of Trustees.
- 5/24/2013Vorys, Sater, Seymour and Pease is pleased to announce that 39 of the firm’s attorneys have been recognized among the leading practitioners in the country in the 2013 edition of Chambers USA. Chambers USA conducts in-depth research and ranks the leading firms and attorneys in an extensive range of practice areas throughout America.
- 12/17/2012Seventy-Seven attorneys from Vorys, Sater, Seymour and Pease have been named 2013 Ohio Super Lawyers and Rising Stars.
- 8/23/2012One hundred and twenty-six lawyers from Vorys were recently selected by their peers for inclusion in The Best Lawyers in America® 2013.
- 6/7/2012Vorys announced that 35 of the firm’s attorneys have been recognized among the leading practitioners in the country in the 2012 edition of Chambers USA.
- 5/17/2012Vorys partners David Campbell and Barton Bixenstine presented at the Hot Topics in Employment Law seminar on May 17, presented by the Association of Corporate Counsel, Northeast Ohio Chapter and Vorys, Sater, Seymour and Pease LLP.
- 2012Allen S. Kinzer, a partner in the Vorys Columbus office, and Barton A. Bixenstine, a partner in the Vorys Cleveland office, authored numerous how to documents for XpertHR. XpertHR is a unique online service to help employers comply with federal, state and municipal law, presented in a practical format designed specifically for HR Professionals.
- 2012Allen S. Kinzer, a partner in the Vorys Columbus office, and Barton A. Bixenstine, a partner in the Vorys Cleveland office, authored numerous policy documents for XpertHR. XpertHR is a unique online service to help employers comply with federal, state and municipal law, presented in a practical format designed specifically for HR Professionals.