An unjust firing, a hostile work environment, or retaliation for reporting misconduct does more than affect a paycheck. It touches identity, family stability, professional reputation, and the basic sense of fairness that work is supposed to provide. We represent employees, not employers, and we bring the same trial-focused preparation to employment cases that we bring to every other matter. By the time most people walk into our office, their employer has already consulted with experienced defense counsel. You are entitled to the same.
Our employment practice covers the issues that arise when the relationship between worker and employer breaks down. That includes wrongful termination and retaliatory discharge, race, sex, age, disability, religious, and national origin discrimination, sexual harassment and hostile work environment claims, retaliation for protected activity, FMLA interference and retaliation, ADA accommodation disputes, whistleblower protection cases, severance and separation review, and wage and hour matters under both federal and West Virginia law. We litigate primarily under Title VII, the ADA, the ADEA, the FMLA, the FLSA, and the West Virginia Human Rights Act, and we plead complementary common-law claims where the facts support them.
Common situations our clients face often share a familiar pattern. A long-tenured employee receives strong performance reviews until she reports harassment, then suddenly cannot do anything right. A pregnant worker is told her position is being eliminated, then watches her duties given to a recent hire. A worker requests an FMLA leave for a serious health condition and returns to a different role at lower pay. A salaried employee is misclassified to avoid overtime. A whistleblower who reported safety violations to the appropriate agency is fired weeks later for an unrelated reason that does not hold up. None of these situations is unusual, and each one has a legal framework that determines whether and how it can be litigated.
Discrimination and retaliation cases under federal law generally require an administrative charge before suit. The Equal Employment Opportunity Commission accepts charges for Title VII, ADA, and ADEA claims. In West Virginia, the deadline to file an EEOC charge is generally 300 days from the discriminatory act because of the state's worksharing agreement with the EEOC, which is longer than the 180 day baseline. After the charge is filed, the EEOC investigates and eventually issues a Notice of Right to Sue, which begins a 90 day window to file in federal court. State law claims under the West Virginia Human Rights Act follow a separate path, with their own deadlines and procedural choices. We help you choose the path that strengthens the case rather than the one that is easiest to file.
How we are different is that we represent employees exclusively in this practice. There is no defense-side conflict that softens our advocacy, and no employer relationship to protect. We understand the strategic difference between EEOC charges, Human Rights Commission filings, and direct lawsuits, and we choose deliberately. We coach clients on preserving evidence safely and lawfully, including emails, text messages, performance reviews, comparative treatment of similarly situated employees, and HR communications, and we issue early preservation letters where appropriate to keep employer records intact.
What you can expect from us is honest counsel about whether your case is one to bring. Not every termination is unlawful, and not every difficult workplace is illegal. We give you a clear-eyed view before any time is spent or fees are incurred. Where we take the case, employment matters are typically handled on a contingency or hybrid fee basis, and the federal employment statutes contain fee-shifting provisions that can require the employer to pay your attorney fees on a successful claim. That fee structure is part of what makes meritorious employment litigation viable for working people.
What We Handle
- Wrongful termination and retaliatory discharge in violation of substantial public policy.
- Workplace discrimination based on race, sex, pregnancy, age, disability, religion, and national origin.
- Sexual harassment, including quid pro quo and hostile work environment claims.
- Retaliation for reporting harassment, discrimination, safety violations, or other protected activity.
- FMLA interference, FMLA retaliation, and ADA reasonable accommodation disputes.
- Wage and hour claims under the FLSA and West Virginia law, including unpaid overtime and misclassification.
- Whistleblower retaliation under federal and West Virginia statutes.
- Severance agreement review, non-compete disputes, and trade secret litigation.
“The retaliation timeline did the work. Three weeks from complaint to termination is hard for any employer to explain.”
What to Expect
- 01
Confidential intake and document review
We meet with you, review the timeline, and look at the documents you have, including offer letters, handbooks, performance reviews, and the communications around the adverse action.
- 02
EEOC or Human Rights Commission charge
Where required, we file a timely charge with the appropriate agency. In West Virginia, the EEOC deadline is generally 300 days. We choose the agency strategically based on the claims involved.
- 03
Investigation, mediation, and right to sue
The agency investigates and may offer mediation. Whether or not the matter resolves at the agency, we obtain the necessary administrative determinations to preserve your right to sue in federal or state court.
- 04
Litigation and trial
If suit is filed, we handle discovery, depositions, summary judgment, and trial. The same lawyers who started the case prepare it for a jury, and the decision to settle or try the case stays with you.
Ready to discuss your case?
Initial consultations are free and confidential. There is no obligation. Speak directly with a trial lawyer who has handled cases like yours.
(304) 346-0197