Franklin G. Shuler, Jr.

Franklin G. Shuler, Jr.

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Columbia
  • 803-227-4242

Frank Shuler is a seasoned mediator and labor and employment lawyer with over 40 years of experience—25 of which include serving as a mediator and arbitrator—guiding parties through complex workplace disputes to practical, durable resolution. Drawing on a uniquely well-rounded background—having represented employees, employers, unions, and benefit plans—Frank brings a balanced, 360-degree perspective to mediation.

He has mediated more than 800 disputes. Given his background of being a Certified Specialist in Employment and Labor law, most of the disputes he has mediated involved employment-related matters. These encompassed discrimination and retaliation claims, wage and hour disputes, accommodation and leave issues, noncompete and trade secret conflicts, ERISA-related controversies, single plaintiff and class actions. Additionally, because mediation skills are not limited to one practice area, Frank helps parties resolve traditional tort and contract disputes.

Frank’s approach to mediation is direct, pragmatic, and deeply informed by four decades of frontline litigation and counseling. Early in his career, he tried cases frequently, developing an understanding of risk, credibility, and the human dynamics that drive settlement. Today, he leverages that experience to help parties reframe entrenched positions, clarify interests, and assess litigation alternatives with clear eyes. He is known for thorough preparation, candid evaluation, and a steady, solutions-oriented style that builds trust on both sides of the table.

Over the course of his career, Frank has substantive experience spanning virtually every area of labor and employment law including the ADA, ADEA, Title VII, FLSA, ERISA, FMLA, and the NLRA, as well as state-law claims such as retaliatory discharge and restrictive covenant disputes—experience that enables him to navigate legal complexities without losing sight of business and personal realities.

A former U.S. Marine Corps infantry officer, Frank brings discipline, focus, and calm under pressure to his law and mediation practice. He credits the Corps with shaping his leadership, preparation, discipline, and commitment to excellence—qualities that consistently help parties find common ground in high-stakes, emotionally charged matters. His contributions to the profession have been recognized by the South Carolina Bar’s Employment and Labor Law Section, which honored him with its Distinguished Lawyer Award in 2014.

Counsel turn to Frank when they need a lawyer who will listen closely, ask the hard questions, and work tirelessly to close the distance between disagreement and resolution. Whether in pre-suit dialogue or on the eve of trial, he can help parties evaluate risk, preserve relationships, and move forward with clarity and confidence.

PR AV    

Employment

  • Defeated in a case of first impression claim that the attorney-client privilege could serve as a basis for the tort of wrongful discharge in violation of public policy.
  • Obtained summary judgment on behalf of college in two cases in which tenured faculty members lost their jobs as a result of the college’s effort to deal with a projected budget shortfall of $2,000,000 due to the collapse of the economy. The college prevailed on the age discrimination and breach of contract claims by way of motion for summary judgment.
  • Obtained summary judgment in age discrimination on behalf of national restaurant chain after it discharged a long-time manager for failing to follow cash handling procedures.
  • Obtained summary judgment for a financial institution with respect to claims of national origin discrimination by a manager after it received information that led it to believe he had violated the financial institution’s lending policies.
  • Obtained a defense verdict in less than 30 minutes after a four day jury trial in which the plaintiff alleged violation of trade secrets, breach of fiduciary duty and other employment-related contract and tort claims.

ERISA Claims

  • Obtained the dismissal of all claims brought against an ERISA plan in lawsuits brought by the Department of Labor and a class of former employees for alleged breach of fiduciary duty.
  • Obtained summary judgment for plan administrator when Plaintiff alleged the plan administrator breached the fiduciary duties imposed by ERISA § 404, 29 U.S.C. § 1104 when it distributed money to his mother on his behalf instead seeking a court appointed guardian.
  • Annually defends over 50 benefits cases.

Other

  • Obtained a dismissal of corporate and individual defendants in a suit in which the plaintiff alleged he, and the organization he was a part of, were discriminated against based on his race in violation of Title VI of the Civil Rights Act of 1964. The case was significant because there are very few reported opinions involving cases under Title VI (in contrast to Title VII), which makes it illegal to discriminate in any program or activity receiving federal financial assistance.
  • Defeated class certification in an action brought against a financial institution regarding its decision to change from credit insurance for loans to a debt cancellation product.
  • Fought the termination of a mother’s parental rights, on a pro bono basis, all the way to the United States Supreme Court.
  • Samford University, J.D., 1983
  • Georgia Institute of Technology, Bachelor of Science, 1977
  • Florida Bar, 1984
  • Alabama Bar, 1983
  • South Carolina Bar, 1986
  • United States Court of Appeals, Eleventh Circuit, 1983
  • United States Court of Appeals for the Fourth Judicial Circuit, 1986
  • United States Court of Appeals for the Sixth Judicial Circuit, 1991
  • United States District Court, District of South Carolina, 1992
  • United States Supreme Court, 2013
  • DRI, The Voice of the Defense Bar (Employment Law Committee, Chair, 2004-2006)
  • South Carolina Bar (Labor and Employment Law Section, Chair, 2003; Officer, 1998-2006)
  • South Carolina Bar (Employment and Labor Specialization Advisory Board, Chair, 2000-2002, 2010-2014; Member, 1999, 2009)
  • American Bar Association (Member)
  • Best Lawyers in America, Employment Law: Management, 2004-2026
  • Best Lawyers in America, Employee Benefits (ERISA) Law, 2014-2026
  • Best Lawyers in America, Litigation: ERISA, 2017- 2026
  • Best Lawyers in America, Litigation: Labor and Employment, 2017-2026
  • Best Lawyers in America, Mediation, 2017-2026
  • Best Lawyers in America, Alternative Dispute Resolution, 2008-2016
  • Best Lawyers in America “Lawyer of the Year” Columbia, SC
    • Employee Benefits (ERISA) Law, 2026
    • Litigation: Labor and Employment, 2026
    • Mediation, 2019
    • Employment Law - Management, 2018
    • Litigation: Labor and Employment, 2017
    • Litigation - ERISA, 2016
    • Employee Benefits (ERISA) Law, 2016
  • Distinguished Lawyer Award, South Carolina Bar, Employment and Labor Law Section, 2014
  • Chambers USA – Employment Law (SC), 2007, 2012-2019
  • Chambers & Partners, USA – Litigation, Labor & Employment (SC), 2024-2025
  • South Carolina Super Lawyers, Employment Law, 2008-2025
  • Midlands Legal Elite, Labor & Employment, 2020-2022
  • South Carolina Supreme Court, Certified Mediator, 1999
  • Martindale-Hubbell® Peer Review Rating™-AV®

Articles

  • Privacy Interests in Employment After Quon, For The Defense 61 (June 2011) (co-authored with Michelle Clayton)
  • Contributing Author, Labor and Employment Law for South Carolina Lawyers (S.C. Bar 2007) (all four editions)
  • Contributing Author, Jury Instructions for Employment Defense Litigators (DRI 2007)
  • Emerging Trends Under The Fair Labors Standards Act, DRI, The Voice of the Defense Bar, 2004
  • The Family and Medical Leave Act of 1993: The First Two Years, 7 The South Carolina Policy Forum 34 (1996)
  • Model Employee Policies for South Carolina Employers (S.C. Chamber of Commerce 1996) (eight editions before becoming an online publication that is annually updated)
  • Employment Discrimination and Other Employment-Related Claims after Burke: When Are Amounts Received Taxable? 9 The Labor Lawyer 189 (1993)
  • Burke Revisited: Taxation of Employment Related Damages, 4 South Carolina Lawyer 23 (March/April 1993)

Presentations & Speaking Engagements

  • Over 50 presentations on employment, ethics and mediation related topics on local, state and national basis

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Best Lawyers
In AmericaLawyer of the Year
2026

Best Lawyers
In America Employment Law: Management
2004-2026

Employee Benefits (ERISA) Law
2014-2026

Litigation: ERISA
2017- 2026

Mediation
2017-2026 Employment Law: Management
2004-2026

SC Super LawyersEmployment Law
2008-2024

Chambers &
Partners, USALitigation: General Commercial
2024

Chambers &
Partners, USAEmployment Law
2012-2019