Amanda T. Quan

Associate Cleveland

Amanda joined Ogletree Deakins' Cleveland, Ohio office in September 2013.  Amanda represents employers in all types of employment litigation in both federal and state courts, in labor and employment arbitration proceedings, as well as before various administrative agencies, including the Equal Employment Opportunity Commission.  She has experience defending employers against employment discrimination claims, sexual harassment claims, retaliation claims, claims under the Family and Medical Leave Act, wage and hour claims, wrongful discharge claims, and breach of contract claims.  Amanda also represents universities in Title IX matters, including Title IX litigation, and she handles ERISA litigation matters, including life, health, disability, and pension benefits.

In addition to employment, Title IX, and ERISA litigation, Amanda advises and counsels employers on employment-related matters, and she has experience with collective bargaining and the resolution of labor disputes.  She conducts internal investigations, drafts and reviews employee policies and handbooks, and prepares employee agreements and forms, such as non-compete agreements and severance agreements. She also conducts training sessions on general employment matters, including discrimination, harassment, retaliation, employment policies and procedures, leaves of absence, requests for accommodations, medical information in the workplace, wage and hour issues, discipline, documentation, termination and best practices for employers.

Prior to law school, Amanda served as an intern at the United Nations in New York (Department of Economic and Social Affairs: Global Alliance for Information and Communication Technologies and Development Secretariat).


Experience

  • Obtained an arbitration award in favor of a university following an arbitration hearing concerning a former employee’s breach of implied contract, promissory estoppel, and retaliatory discharge claims
  • Obtained summary judgment following an oral hearing concerning a former employee’s interference and retaliation claims under the Family and Medical Leave Act, discrimination/harassment claim under the Americans with Disabilities Act, prevailing wage claim under the Davis-Bacon Act, and related state law claims
  • Obtained summary judgment on breach of contract, failure to accommodate, unjust enrichment, promissory estoppel, constructive dismissal/retaliation, and negligent misrepresentation claims on behalf of an educational institution
  • Defended and obtained favorable settlement for landscaping company in collective action involving claims regarding payment of overtime, unpaid minimum wages, and retaliation
  • Obtained dismissal of a tortious interference with employment relationship claim
  • Defended and obtained favorable settlement in case involving whistleblower, wrongful termination in violation of public policy, disability discrimination and failure to accommodate, FMLA retaliation, and intentional infliction of emotional distress claims against a university
  • Obtained dismissal of breach of duty of good faith and fair dealing, fraud, intentional misrepresentation, negligence, intentional infliction of emotional distress, negligent infliction of emotional distress, and discrimination (based on age, disability, sexual orientation, gender, and race) claims against an educational institution
  • Defended and obtained favorable settlements for various employers and insurance companies in cases involving claims for benefits under ERISA
  • Served as first chair counsel in a two-day employment arbitration involving a claim of FMLA retaliation against a national fast food restaurant
  • Served as second chair defense counsel for a political subdivision in a union fact-finding hearing following an impasse on the issues of wages, health coverage, and benefits for same sex couples, and obtained a decision favorable to the political subdivision
  • Served as second chair defense counsel and obtained favorable settlement for a temporary staffing agency in an employment discrimination case involving claims of pregnancy discrimination, disability discrimination, FMLA interference and retaliation

Professional Activities and Speeches

Professional Activities:

  • National Association of College and University Attorneys (NACUA) (2017-present)
  • Judge John M. Manos Inn of Court (2014-present)
  • Applewood Centers, Inc. Board of Directors (Risk Management Committee, Development Committee) (2013-present)
  • Cleveland Metropolitan Bar Association (Chair, Litigation Section, 2015-2016; Vice-Chair, Litigation Section, 2014-2015; 3Rs Volunteer)
  • Asian American Bar Association of Ohio
  • National Asian Pacific American Bar Association
  • American Bar Association
  • Healthcare Reform Center & Policy Institute Advisory Board Member (2013-2017)
  • Instructor, Case Western Reserve University School of Law (Employment Law) (Spring 2014, Spring 2015)
  • Supreme Court of Ohio Commission on Continuing Legal Education (2012-2013)
  • Junior League of Akron (Member, 2011-2013; Management Board, 2012-2013; Vice President of Community Outreach, 2012-2013; Community Outreach Council, 2011-2013; ShowHouse Legal Committee, 2011-2013)
  • Charles F. Scanlon and Judge Samuel H. Bell Inn of Court (Former Member, 2011-2013)

Speeches:

  • Ogletree Deakins Seminar - ''Engaging Team Members to Drive Business Results'' - Warrensville Heights - August 16, 2018
  • National Association of College and University Attorneys (NACUA) 2018 Annual Conference - ''Strategies for Winning Title IX Cases and Avoiding Potential Pitfalls'' - Minneapolis - June 25, 2018
  • Ogletree Deakins Webinar Series for Ohio Home Instead Senior Care Franchisees - ''Workplace Accommodations and Medical Leaves'' - May 30, 2018
  • Ogletree Deakins Webinar Series for Ohio Home Instead Senior Care Franchisees - ''Wage and Hour Laws: Calculating Hours Worked, Tracking Caregiver Travel, and Dealing with Overtime Issues'' - May 02, 2018
  • Ogletree Deakins Webinar Series for Ohio Home Instead Senior Care Franchisees - ''Preventing Discrimination & Harassment in the Workplace'' - March 28, 2018
  • Ogletree Deakins Seminar - ''What I Wish I Knew Before My Deposition'' - Dublin - December 12, 2017
  • Youngstown State University Foundation Annual Seminar for Professionals - ''Millennial Influences in the Workplace: How to Survive and Thrive with a Millennial Workforce'' - Youngstown - November 28, 2017
  • Ogletree Deakins Seminar for Ohio Home Instead Senior Care Franchisees - ''How to Effectively Manage a Workforce in 2018'' - Cleveland - October 24, 2017
  • HR Summit/Manager Training - ''Tips and Tricks for Managing a Workforce'' - Mayfield Village - September 20, 2017
  • Ogletree Deakins Seminar - ''A Brave (and Scary) New World Without Performance Appraisals'' - Cleveland - August 17, 2017
  • Ogletree Deakins Seminar for the 2017 Mandela Washington Fellowship for Young African Leaders - ''Religious Accommodations: The Basics'' - Cleveland - July 05, 2017
  • Express Employment Professionals Seminar - ''The New Overtime Regulations Are Coming – Are You Ready?'' - Independence - November 03, 2016
  • Northeast Ohio Regional Library System HR Professionals Conference - ''Avoiding Abuse & Misuse of the FMLA'' - Hudson - September 16, 2016
  • Cleveland SHRM Legal Affairs Conference - ''The Intersection of the ADA and FMLA: Leave Law and Workplace Accommodations'' - Berea - September 06, 2016
  • Ogletree Deakins Seminar - ''Leave of Absence Playbook'' - Cleveland - August 18, 2016
  • HR Summit - ''Top 10 Things Every HR Generalist Should Know'' - Cleveland - April 01, 2016
  • Ogletree Deakins Seminar - ''Knowing When To Say When: Undue Hardships Under The ADA'' - Cleveland - August 20, 2015
  • Federal Bar Association, Northern District of Ohio Chapter - ''Fundamental Rights, Due Process, and Marriage Equality: An Examination of the Supreme Court’s Landmark Same-Sex Marriage Ruling and Its Consequences for Employers, Taxpayers, and Society'' - Cleveland - July 29, 2015
  • Cleveland Metropolitan Bar Association Annual Litigation Institute - ''The Roles of Partners and Associates in Trial Preparation'' - Cleveland - June 04, 2015
  • Akron Area SHRM May Legislative Conference - ''Labor and Employment Hot Topics for 2015'' - Akron - May 2015
  • The 15th Annual Northern Ohio Labor & Employment Law Conference (Cleveland Metropolitan Bar Association) - ''Religion in the Workplace: A Look At Religious Accommodation Claims Following EEOC Guidance'' - Cleveland - April 23, 2015
  • Lorman Education Services - ''Employment Law Update in Ohio: Wage and Hour Essentials'' - Independence - August 22, 2014
  • HR Summit/Manager Training - ''Employment Law Update'' - Warren - August 21, 2014
  • Ogletree Deakins Seminar - ''Medical Information in the Workplace'' - Cleveland - August 21, 2014
  • Ogletree Deakins Seminar - ''Wage & Hour Essentials'' - Cleveland - August 21, 2014
  • HR Summit/Manager Training - ''Leave of Absence Training'' - Warren - August 20, 2014
  • Lorain County Community College Take Five Special Event - ''Employment Law Essentials for Ohio Managers and Supervisors'' - Elyria - March 27, 2014
  • Lorain County Community College Take Five Breakfast Series Seminar - ''Love, Marriage, Divorce and Bankruptcy: How Your Employee's Life Events May Impact Your Obligations As An Employer'' - Elyria - November 19, 2013
  • 5th Annual Employer Healthcare & Benefits Congress/National Healthcare Reform Conference - ''Strategically Communicating with Employees About Healthcare Reform'' - Las Vegas - November 04, 2013
  • Certified Healthcare Reform Specialist Group Certification Webinar, California Association of Health Underwriters - ''Strategically Communicating with Employees About Healthcare Reform'' - Universal City - October 23, 2013
  • Certified Healthcare Reform Specialist Group Certification Webinar, California Association of Health Underwriters - ''Healthcare Reform's Endorsement and Expansion of Wellness Program Incentives'' - Universal City - October 23, 2013
  • Certified Healthcare Reform Specialist Group Certification Webinar, California Association of Health Underwriters - ''The Affordable Care Act: Taxes, Taxes and (21) More Taxes'' - Universal City - October 23, 2013
  • Certified Healthcare Reform Specialist and Certified Healthcare Reform Professional Designations Webinar, San Antonio Association of Health Underwriters - ''The Affordable Care Act: Taxes, Taxes and (21) More Taxes'' - San Antonio - October 11, 2013
  • Certified Healthcare Reform Specialist and Certified Healthcare Reform Professional Designations Webinar, San Antonio Association of Health Underwriters - ''Healthcare Reform's Endorsement and Expansion of Wellness Program Incentives'' - San Antonio - October 11, 2013
  • Certified Healthcare Reform Specialist and Certified Healthcare Reform Professional Designations Webinar, Baton Rouge Association of Health Underwriters - ''The Affordable Care Act: Taxes, Taxes and (21) More Taxes'' - Baton Rouge - September 25, 2013
  • Certified Healthcare Reform Specialist and Certified Healthcare Reform Professional Designations Webinar, Baton Rouge Association of Health Underwriters - ''Strategically Communicating with Employees About Healthcare Reform'' - Baton Rouge - September 25, 2013
  • Certified Healthcare Reform Specialist Designation Webinar, Health Agents for America - ''Strategically Communicating with Employees About Healthcare Reform'' - Baton Rouge - August 20, 2013
  • Certified Healthcare Reform Specialist Designation Webinar, Health Agents for America - ''Healthcare Reform's Endorsement and Expansion of Wellness Program Incentives'' - Baton Rouge - August 20, 2013
  • Certified Healthcare Reform Specialist Designation Webinar, Los Angeles Association of Health Underwriters - ''The Affordable Care Act: Taxes, Taxes and (21) More Taxes'' - July 24, 2013
  • Certified Healthcare Reform Specialist Designation Webinar, Los Angeles Association of Health Underwriters - ''Strategically Communicating with Employees About Healthcare Reform'' - July 24, 2013
  • Certified Healthcare Reform Specialist Designation Webinar, San Diego Association of Health Underwriters - ''Strategically Communicating with Employees About Healthcare Reform'' - May 03, 2013
  • Western Reserve Area Agency on Aging Provider Education Seminar - ''Understanding the Affordable Care Act'' - Independence - March 04, 2013
  • Commerce Club of Akron Seminar - ''The Affordable Care Act: Understanding the Basics'' - Akron - February 13, 2013
  • Breakfast With Buckingham Seminar - ''Understanding the Affordable Care Act'' - Akron - February 06, 2013
  • ERC Employment Law Seminar - ''Employment Law: The Year Ahead - Healthcare Reform'' - Cleveland - January 29, 2013
  • Employee Benefits International Seminars - ''Navigating the Challenges of HealthCare Reform'' - Independence - December 05, 2012
  • BVU: The Center for Nonprofit Excellence Seminar - ''The Art of Communications and the Law'' - Independence - November 01, 2012
  • Breakfast With Buckingham Seminar - ''How to Hire, Fire and Discipline Employees'' - Akron - August 01, 2012

Published Works

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Media

Media Quotes

November 2014 - Akron SHRM November Newsletter - "From the ER to HR: Ebola in the Workplace"
Spring 2014 - Hofstra Labor & Employment Law Journal - "Trying to Kill One Bird with Two Stones: The Use and Abuse of Class Actions and Collective Actions in Employment Litigation"
April 2013 - Buckingham Business Compass - "Understanding the Affordable Care Act"

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