Employment Law/EEO Disputes


My experience in the employment arena has come from representing plaintiffs in age, sex, disability and race discrimination cases as well as in wrongful discharge and family and medical leave claims under State and Federal law.  Although most settled at or before mediation, settlement was not achieved until the cases were tested through extensive discovery and summary judgment briefing.  As an experienced employment law attorney, I can bring the kind of knowledge and understanding a mediator needs to help the parties resolve their employment law disputes.

In fact, as a West Virginia employment law mediator, I can help the parties resolve disputes and litigated cases in many employment law areas, including:

  • age discrimination
  • contract enforcement
  • confidentiality and non-disclosure agreements
  • constructive discharge
  • covenants not to compete
  • disability discrimination
  • employee handbook and policy disputes
  • employment discrimination
  • gender discrimination
  • medical and family leave disputes
  • privacy violations
  • race, color or national origin discrimination
  • religious discrimination
  • retaliatory discharge
  • sex discrimination
  • sexual harassment
  • severance and compensation issues
  • wage payment
  • whistleblower and other public policy retaliation claims
  • workers compensation discrimination
  • wrongful termination or discharge

As alluded to above, a myriad of legal issues will often be presented in the form of motions for summary judgment and motions in limine; and, due to the caseloads of the presiding courts, such motions are likely to be pending without court ruling at the time of mediation.  These experiences have helped me appreciate how invaluable mediation can be in the employment law context.

While the role of a mediator does not include making findings of fact or legal rulings, it is helpful to employment law litigants and their counsel to have a mediator who is knowledgeable about the law as it applies to such cases and is also knowledgeable about the shifting burdens of proof  and economic damage issues presented in such cases.

Some of these issues are addressed from time-to-time in my blog, Mediating Certainty, where I make posts concerning mediation generally and concerning important West Virginia legal developments.

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