Jason M. Ensley

Phone
423.631.0550
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Jason Ensley concentrates his practice in the areas of employment law and workers’ compensation defense. He regularly practices in state and federal court and before various administrative agencies, including the DOL, EEOC, and THRC. He has been a contributing author to published works relating to human resources and the Tennessee Worker’s Compensation Law. Mr. Ensley conducts supervisor training for employers in the areas of harassment and discrimination prevention and the Tennessee Drug-Free Workplace Act. His practice includes defending claims under the Americans with Disabilities Act (ADA and ADAAA), Title VII claims, age discrimination claims, whistleblower claims, FMLA claims and retaliation claims of virtually every kind.

Mr. Ensley was a member of the Labor & Employment Group at Baker Donelson Bearman Caldwell & Berkowitz, PC from 2002-2009, and he practiced at Wimberly Lawson Seale Wright and Daves, PLLC from 1999-2002. After starting his own firm in 2009, Mr. Ensley was honored by the Business Journal of the Tri-Cities (TN-VA) as part of its 2010 Class of “40 Under Forty,” which salutes emerging stars of the business community based upon business success and community involvement. Mr. Ensley formed Ensley, Baker & Shade, PLLC with attorneys Philip Baker and Jason Shade in June 2012.

Recent Representative Matters

  • Obtained workers’ compensation defense verdict at trial for forge industry client by establishing misconduct of employee.
  • Successfully defended national transportation company against Plaintiff’s claims of handicap discrimination and retaliatory discharge
  • Obtained summary judgment for global manufacturing client on Plaintiff’s claims of race discrimination, harassment and retaliation in violation of Title VII and Section 1981
  • Obtained summary judgment for DOE contractor on Plaintiff’s Title VII and THRA sex and age-based discrimination claims, as well as a whistleblower claim asserted pursuant to the Tennessee Public Protection Act
  • Obtained summary judgment for global manufacturing client with respect to Plaintiff’s allegations of discriminatory (race) failure to hire in violation of Title VII
  • Successfully defended a church (pro bono) by obtaining dismissal of lawsuit alleging negligence and a constructive trust over church funds
  • Obtained orders denying worker’s compensation benefits from the Tennessee Department of Labor & Workforce Development on behalf of numerous clients on the following grounds: causation, statute of limitations, willful safety violation, and idiopathic condition
  • Obtained multiple workers’ compensation trial verdicts in favor of defendant-employers

Recent Publications & Speaking Engagements

  • “Workers Comp Injuries in Tennessee: Best Practices for Mounting a Successful Defense,” state-wide webinar for employers and attorneys, broadcast by M. Lee Smith Publishers (June 20, 2012)
  • “Fighting Fraud in the Electronic Age,” “How to Make the New WC Law Work for You,” and “Impact of the New WC Law on Trial Practice” – all presented at the Tennessee Workers’ Compensation Conference, Nashville, TN (November 17-18, 2011)
  • “Tennessee Workers’ Comp: What the Legislature Changed,” state-wide webinar for employers and attorneys, broadcast by M. Lee Smith Publishers (June 30, 2011)
  • “Second Annual Work Injury Management Workshop,” Johnson City, TN (June 28, 2011)
  • “Psychological Claims – What Employers Need to Know,” “Dealing with Reconsideration Claims,” “Safety Measures and Accident Investigations,” and “Drugs in the Workplace” – all presented at the Tennessee Workers’ Compensation Conference, Nashville, TN (November 4-5, 2010)
  • “2010 Work Injury Management Workshop,” Morristown Area Safety & Environmental Professionals Association, Morristown, TN (June 8, 2010); Ensley Law Firm Summer School, Johnson City, TN (July 27 and 29, 2010)
  • “Accident Investigation/Red Flags of Fraud/Safety Measures” and “Causation and Defenses in Workers’ Compensation,” Tennessee Workers’ Compensation Conference, Nashville, TN (November 14, 2009)
  • “Reconsidering Recreational Activities Under New Law,” Tennessee Workers’ Comp Reporter, published by M. Lee Smith (July 2009)
  • “Tennessee Workers’ Compensation Defenses: Insights for Attorneys and Employers,” Audio Conference for HRhero.com and Tennessee Attorney’s Memo (March 12, 2009)
  • “Retaliation and Whistleblower Laws: When does an Employer Overstep Its Bounds?” 13th Annual Employment Law Update, Kingsport, TN (March 5, 2009)
  • “Defenses Under the Workers’ Compensation Law,” Tennessee Workers’ Compensation Conference, Nashville, TN (November 20-21, 2008)
  • “Drug Free Workplace,” Tennessee Workers’ Compensation Conference, Nashville, TN (November 20-21, 2008)
  • “Anatomy of a Lawsuit: Hollywood Style,” 2nd Annual Law Conference for Tennessee Practitioners, Knoxville, TN (November 6-7, 2008)

Honors and Activities

  • Member – Advisory Board for the Tennessee Workers’ Comp Reporter, published by M. Lee Smith
  • Legal Aid of East Tennessee and Good Samaritan Ministries Free Legal Clinic
  • Legal Aid of East Tennessee Honor Roll (2011, 2012)
  • United Way of Washington County, Allocations Committee (2011, 2012)
  • Named to 40 Under Forty by The Business Journal of Tri Cities Tennessee/Virginia (2010)
  • Member – Society for Human Resource Management (Northeast Tennessee Chapter)
  • Tennessee Supreme Court Rule 31 Mediator (General Civil)
  • Member – American, Georgia, Tennessee and Washington County, TN Bar Associations
  • Baker Donelson Ace Award
  • Elder—First Christian Church of Johnson City

Admissions

  • Tennessee, 1999
  • Georgia, 2007
  • U.S. District Court for the Eastern District of Tennessee, 2004
  • United States Court of Appeals for the Sixth Circuit, 2007
  • United States Supreme Court, 2009

Education

  • University of Tennessee, J.D., 1999
  • University of Tennessee, M.S., 1996
  • Furman University, B.A., 1994