Jean Ohman Back
Senior Counsel
503-796-2960 Direct
503-679-9973 Cell
jback@schwabe.com
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Formatted Resume
Professional Experience
Jean Back is a management-sided employment lawyer and has been a member of the Oregon Bar and practiced in the areas of Labor and Employment and General Litigation since 1991. Ms. Back's practice is split between providing employment advice to company owners, managers, and Human Resources professionals, and in representing companies in lawsuits involving all aspects of employment grievances, including discrimination, retaliation, wrongful discharge, wage claims, and lawsuits related to non competition agreements and protection of trade secrets.
In her advice practice, Ms. Back assists employers in all aspects of managing their employment relationships, including drafting employment agreements (including independent contractor, non competition, and confidentiality agreements), drafting employment manuals, providing supervisor and employee training, assisting employers in handling employee grievances and discrimination or anti-harassment complaints, managing terminations and reductions-in–force, and advising employers on the interaction of an employee's rights under the Americans with Disabilities Act (ADA), the Workers' Compensation Act, and State and Federal Family Leave laws (OFLA and FMLA), and pregnancy leave. Ms. Back regularly assists employers in responding to charges before the Bureau of Labor and Industries (BOLI) and the Equal Employment Opportunities Commission (EEOC). She also has worked with other members of the Labor and Employment practice group as part of a team representing employers in large wage and hour class action matters.
Ms. Back has been a regular speaker to Oregon and Washington employers on a variety of employment topics, including state and federal privacy laws, and tort laws that affect an employer's right to monitor the online or social media and social networking activities of its job applicants and employees.
Ms. Back is a member of the firm's Hospitality Law practice group, and represents restaurants and hotels in a wide variety of claims related to the hospitality industry.
Representative Cases
Ryman v. Sears Roebuck and Co. (achieved complete summary judgment in Federal District Court for Sears on Plaintiff's OFLA, FMLA, and wrongful termination claims).
Masons Supply Co. v. Lindsey (prevailed in a preliminary injunction hearing on behalf of Masons to enforce its noncompetition agreement with a departing employee).
Dixon v. Western States Insurance Agency (achieved a complete walk-away and dismissal of all claims by the Plaintiff after summary judgment briefing). Professional & Community Activities
Ms. Back is a member of the Oregon and Washington State Bars. She is also very active in the Beaverton School District, participating as a parent on panels to interview new principals in elementary schools. Ms. Back is a past elected representative for Cedar Mill Elementary School Local School Committee, and a former member of the Cedar Mill Elementary School site counsel.
Ms. Back is a member of the Board of Directors for the Oregon Manufacturing Extension Partnership (OMEP). Admitted to Practice
Oregon State Courts
Washington State Courts
United States District Court, District of Oregon
United States District Court, Western District of Washington
United States District Court, Eastern District of Washington
United States Court of Appeals, Ninth Circuit Publications
Ms. Back is a co-author of the Oregon Human Resources Manual, published by Associated Oregon Industries.
Speaking Engagements
Ms. Back has spoken at numerous seminars on a variety of topics related to all aspects of Employment law.
Education
University of Oregon School of Law, Juris Doctor degree (1991)
University of California at Santa Barbara, Bachelor of Arts degree in Political Science, minor in French (1983)
Articles
Performing Web Searches on Job Applicants Carries Risks, November 2, 2012
Protecting Social Media Information When an Employee Leaves, August 14, 2012
Are You in Compliance With New Employment Provisions?, April 26, 2011
Limits on Message Monitoring Reflect Expectation of Privacy, May 3, 2010
Ninth Circuit Approves Certain Tip Pooling Arrangements, March 3, 2010
New Legislation Impacts Employers, August 14, 2009
New FMLA Regulations Take Effect January 16, 2009 – Is Your Workplace Ready?, January 23, 2009
Changes to the ADA Are Coming: Tips for Implementation in Your Workplace, January 23, 2009
New Amendments Broaden the Americans with Disabilities Act, October 6, 2008
Waiving Meal Breaks for Food and Beverage Servers, May 9, 2008
Waiver of Meal Breaks for Tipped Employees , February 1, 2008
Liability To Guests From Exposure To A Hotel Meth Lab –Tips For Prevention, February 1, 2008
Failure to Provide Rest Breaks Is Now a Costly Mistake, June 14, 2007
ADA Self-evaluations Reduce Your Liability, Boost Your Ego
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