Employment Litigation
West Virginia state and federal employment statutes and regulations impose a wide array of obligations and attendant risks on West Virginia employers. Among the top priorities for most employers is the avoidance of litigation surrounding hiring, discipline, promotions and demotions, terminations, and occupational safety and health. Robinson & McElwee routinely provides advice and counsel to management and human resource professionals regarding cost-effective strategies for preventing employment litigation, including the development of policies and management of employment practices in compliance with these ever-evolving laws and regulations.
When employment litigation does arise, Robinson & McElwee is fully equipped to provide efficient, effective, and focused legal representation. The firm’s attorneys have vast experience in the representation of employers in state and federal courts and before those tribunals with jurisdiction over employment discrimination cases, including the Equal Employment Opportunity Commission, the West Virginia Human Rights Commission, the Occupational Safety and Health Administration, the Mine Safety and Health Administration, and the United States Department of Labor.
Our attorneys routinely represent West Virginia employers in employment discrimination and other employment litigation involving:
• Americans with Disabilities Act (ADA)
• Change in Control Agreements
• Deliberate Intent
• Employment Contracts
• EEOC and West Virginia Human Rights Commission Charges
• Employment Discrimination under Title VII
• ERISA and COBRA Benefits and Discrimination
• Family Medical Leave Act (FMLA)
• Federal Rehabilitation Act
• Negligent Hiring and Retention
• Non-Compete Agreements
• Trade Secrets
• OSHA and MSHA Compliance and Complaints
• Sexual and Racial Harassment
• Wage and Hour Issues
• West Virginia Wage Payment and Collection Act
• Workers’ Compensation Discrimination and Retaliation
• Wrongful, Constructive and Retaliatory Discharge
Robinson & McElwee’s clientele is diverse. We are routinely involved in handling a wide array of employment litigation cases for West Virginia employers ranging from small businesses to large, multi-national corporations. We are careful to get to know each client, its business, and its industry. At the forefront of all representation is a focus on the client’s objectives in a particular matter and the strategy that will provide it with maximum value and benefit. We have the ability to favorably resolve most cases prior to trial through an aggressive motion practice, and at trial to present cases in a clear, persuasive manner.
Please contact Joseph M. Price at jmp@ramlaw.com or (304) 347-8306 for more information regarding our employment litigation practice group.