Eric  - E. - Kinder

Eric E. Kinder

Charleston, W.Va.
304.340.3893 - office
304.552.7893 - mobile


  • Cornell University, School of Industrial and Labor Relations, B.S., 1988
  • Case Western Reserve School of Law, J.D., summa cum laude, 1994
  • University of Virginia Trial Advocacy School, 2004


  • Supreme Court of Indiana
  • Supreme Court of Ohio
  • West Virginia Supreme Court of Appeals
  • United States Court of Appeals for the Fourth Circuit
  • United States District Courts for the Northern and Southern Districts of Ohio
  • United States District Courts for the Northern and Southern Districts of West Virginia
Mr. Kinder's primary areas of practice are labor and employment law with an emphasis on wage and hour, employee benefits, ERISA litigation, technology and trade secrets.

Representative Experience

  • Drafting and reviewing a broad cross-section of employment, personnel and pension policies, practices and procedures, including drafting health and welfare/pension benefit plan amendments and resolutions
  • Advising clients regarding ERISA compliance and health and welfare/pension plan administration issues
  • Lead counsel in defense of employment discrimination complaints before the West Virginia Human Rights Commission, Equal Employment Opportunity Commission and the Ohio State Employment Relations Board
  • Lead counsel in representation of employers in actions under the Employee Retirement Income Security Act ("ERISA") in state and federal courts
  • Lead counsel on behalf of employers in claims brought under the Uniformed Services Employment and Reemployment Rights Act ("USERRA")
  • Lead counsel in defense of employment discrimination actions before West Virginia, Ohio and federal trial and appellate courts
  • Lead counsel in defense of general litigation matters, including matters involving covenants not to compete and other employment and labor issues
  • Developed strategies and provided guidance and advice to employers on labor and employment issues
  • Frequent lecturer at regional seminars for employers and counsel on the legal and practical aspects of litigation and labor and employment laws, including wage and hour and USERRA
  • Serving as co-chair of the firm's Appellate Practice Group

Awards & Distinctions

  • Recognized by Chambers USA: America's Leading Lawyers for Business for Labor & Employment
  • Nominated by his peers for inclusion in The Best Lawyers in America for Employment Law - Management and Litigation - Labor & Employment
  • Listed in West Virginia Super Lawyers


  • American Bar Association
  • DRI, Employment Law Committee
  • SHRM, West Virginia State Council

Representative Cases

  • Hesson v. Morrison-Knudsen Co., Inc., 117 Fed. Appx. 857 (4th Cir. 2004)


  • Co-Editor-in-Chief, Age Discrimination in Employment Law, Second Edition (ABA Section of Labor and Employment Law, 2015)
  • Co-author, “Rule 30(b)(6) at 45: Is It Still Your Friend?,” Pretrial Practice & Discovery, Vol. 24 No. 1, American Bar Association Section of Litigation, Fall 2015
  • Co-author, "The Pessimist's Guide to Employment Litigation," For the Defense, August 2012
  • Co-author, chapter on West Virginia, Employment At Will: A State-by-State Survey, (ABA Section of Labor and Employment Law, 2011)
  • Co-author, Employment Practices Liability Insurance, Employment Termination: Rights and Remedies (BNA 2001 Supp.)
  • Employment Law in the Electronic Age (Lorman 2005)
  • And We Really Mean It: The Eighth Circuit Puts Teeth Into the Older Workers' Benefit Protection Act (DRI, Fall 2005)
  • Working Group Member, The In-House Counsel's Essential Tool Kit, Volume 4, Employment Law (ABA Section of Business Law 2007)
©2017 Spilman Thomas & Battle, PLLC
Michael J. Basile / Responsible Attorney