Labor and Employment

Lewis Gianola represents employers in every aspect of labor and employment law. Our attorneys can assist at every stage of the employment process.  We offer extensive counseling services to help our clients satisfy state and federal labor and employment regulations. When litigation is unavoidable, we are well-prepared to represent employers in state and federal courts and before administrative boards and tribunals.

We help our clients recognize and handle complicated hiring, discipline, firing and other employment controversies before they arise or lead to litigation. We counsel our clients on compliance with state and federal regulations.  We are prepared to assist with all types of employer decision making concerns, including: creating job descriptions, drafting restrictive covenants and employment contracts, dealing with leave and accommodation issues for employees, employee investigations, discipline and termination.  We draft employee handbooks and policies to ensure compliance with the most recent changes in the law. We also maintain model employee handbook and policy provisions for the benefit of all of our clients.

We regularly represent our clients in every kind of employment controversy. We defend discrimination and sexual harassment complaints filed in state and federal courts, the West Virginia Human Rights Commission and the United States Equal Employment Opportunity Commission. We defend wrongful termination and retaliatory discharge suits, breach of employment contract claims, state and federal wage and hour claims, and defamation and slander claims.

Our lawyers defend individual and class action West Virginia Wage Payment and Collection Act and FLSA claims alleging a variety of issues, including misclassification of employees and claims for unpaid overtime.  Our lawyers also defend ERISA, COBRA, FMLA and similar claims. We have represented employers before the West Virginia Workers' Compensation Division, the West Virginia Unemployment Compensation Division, the West Virginia Pneumonoconiosis Board and before each of their appellate tribunals.

In labor matters, we manage collective bargaining negotiations with unions, draft collective bargaining agreements, arbitrate union disputes, defend and prosecute complaints filed with the National Labor Relations Board and prevent work stoppages by obtaining relief in State and Federal courts.