Eric E. Kinder
Member
Charleston, WV
office 304.340.3893
mobile 304.552.7893
  • Overview
  • Services
  • Distinctions
  • Admissions
  • Memberships
  • Publications & Presentations
  • Resources

Mr. Kinder's primary areas of practice are labor and employment law with an emphasis on wage and hour, employee benefits, ERISA litigation, and USERRA.

Education

  • 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

Experience

  • Drafting and reviewing a broad cross-section of employment, personnel policies, practices and procedures
  • Developing strategies and providing guidance and advice to employers on labor and employment issues
  • Serving as 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 and in state and federal trial and appellate courts
  • Serving as lead counsel in representation of employers in actions under the Employee Retirement Income Security Act ("ERISA") in federal trial and appellate courts
  • Advising clients regarding ERISA compliance and health and welfare/pension plan administration issues
  • Serving as lead counsel on behalf of employers in claims brought under the Uniformed Services Employment and Reemployment Rights Act ("USERRA")
  • Serving as lead counsel in defense of general litigation matters, including matters involving covenants not to compete and other employment and labor issues
  • Giving frequent lectures 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

Representative Cases

  • Hesson v. Morrison-Knudsen Co., Inc., 117 Fed. Appx. 857 (4th Cir. 2004)
  • Cleveland Police Patrolman's Assn. v. Cleveland, 107 Ohio App. 3d 248, 668 N.E.2d 548 (Ohio Ct. App. 1995)
Appellate Litigation ERISA & Managed Care Government Relations Health Care Law Labor & Employment Law Litigation

Distinctions

  • Recognized in Chambers USA: America's Leading Lawyers for Business for Labor & Employment
  • Listed in The Best Lawyers in America® in the areas of Employment Law - Management and Litigation - Labor & Employment
  • Listed by West Virginia Super Lawyers

Admissions

  • 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

Memberships

  • American Bar Association
  • DRI, Employment Law Committee

Publications & Presentations

  • 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, 2016
  • Working Group Member, The In-House Counsel's Essential Tool Kit, Volume 4, Employment Law, ABA Section of Business Law 2007
SuperVision - Labor and Employment Law Insights: Issue 3, 2018 66 Spilman Attorneys Recognized by Best Lawyers Problem Resolved: Performance Improvement & Corrective Action SuperVision - Labor and Employment Law Insights: Issue 2, 2018 Breaking News: Supreme Court Holds Class Action Waivers Are Legal Spilman Ranked in Chambers USA 2018 Spilman Attorneys Named to 2018 WV Super Lawyers List SuperVision - Labor and Employment Law Insights: Issue 1, 2018 They Giveth and They Taketh Away - 2018 West Virginia Legislative Session and Employers Reversing the Course: Changes Coming to the NLRB - The Board Reverses Course on Handbooks and Joint