Labor & Employment
The Labor and Employment attorneys have authored sections of the West Virginia Practice Handbook, The Bench Book for West Virginia Human Rights Commission Trial Examiners, and the West Virginia Chamber of Commerce Handbook for Employers.
Each attorney in this practice area has gained hands on experience
in the litigation of a variety of cases, including workers' compensation,
human rights charges, employment-related civil litigation, unfair
labor practice cases, union organizational campaigns and elections,
labor arbitrations, litigation of wrongful discharge cases, and
representation of major corporate clients in employee benefits and
ERISA cases.
Our Labor & Employment attorneys represent clients before any federal
or state tribunal with jurisdiction over employment issues. We regularly
appear before state workers' compensation commissions, state unemployment
compensation commissions, the National Labor Relations Board, the
Federal Equal Employment Opportunity Commission, the state and local
human rights and civil rights authorities, the United States Mine
Safety and Health Administration, the Occupational Safety and Health
Administration, the United States Department of Labor, and the West
Virginia Department of Labor. We represent clients in the trial
of employment law cases in courts of record, both state and federal.
Litigation & Preventive Strategies
Because changes in federal and state law constantly expose employers
to new risks, new challenges are emerging at an unprecedented pace.
The members of Robinson & McElwee's Labor & Employment Department
believe that only through a thorough understanding of the actual
work environment can employers deal with the technical components
of a successful litigation strategy. With impressive credentials
in both civil and administrative litigation, Robinson & McElwee's
Labor & Employment Department offers clients the most effective,
efficient representation of their interests before a multiplicity
of federal and state tribunals.
Unlike many of our competitors, Robinson & McElwee's approach to
litigation revolves around a philosophy whereby we work as a team
with our clients to analyze a case and develop an effective strategy
before extensive costs begin to mount. At the same time, Robinson
& McElwee recognizes that many cases can be resolved only through
aggressive preparation and trial, and enthusiastically and expertly
represent our clients' interests before courts and juries.
Wrongful Discharge, Discrimination & Sexual Harassment
Terminated employees will often seek legal counsel to explore every
possible avenue of recourse. Discharges in violation of public policy,
in breach of an express or implied contract of employment, or in
violation of the West Virginia Human Rights Act, Title VII, the
Age Discrimination & Employment Act, or the Americans with Disabilities
Act, provide fertile ground for a disgruntled employee even in situations
where a termination has been handled with the highest degree of
care. Facing these issues requires legal counsel with the necessary
expertise to effectively address all aspects of the management of
a client's workforce. Robinson & McElwee's Labor & Employment attorneys
routinely handle suits dealing with these issues, and remain fully
abreast of developments impacting our clients.
Workers' Compensation and Other Benefit Programs
Injuries resulting in workers' compensation claims have always
been a significant component of payroll for West Virginia employers.
Effectively dealing with workers' compensation requires legal counsel
with the necessary expertise to address not only those claims, but
all aspects of employer accounts and the management of disabled
employees.
Robinson & McElwee's Labor & Employment Department is uniquely
structured to advise employers on all such issues. From state workers'
compensation claims to federal black lung, long-shore and harbor
workers' claims, the Labor & Employment Department is well-versed
in all areas of administrative compensation on both the state and
federal levels. The firm's accomplished attorneys work closely with
employers to identify the nature and extent of a disability, validate
the necessity of medical services, and ensure a worker's safe and
prompt return to the workforce.
Labor Relations
A union workforce brings about special concerns for employers.
Dealing effectively with an organized labor force requires both
experience and an understanding of the specific issues related to
organized labor. Robinson & McElwee offers its clients many custom-tailored
services specifically designed for their own unique industrial situations,
including union organizational or decertification campaigns, comprehensive
strike planning, and representation before the National Labor Relations
Board and other governmental agencies.
