Eric E. Kinder
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, including class and collective actions, age discrimination, and daily advice and counsel.


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


  • 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 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
Appellate Litigation ERISA & Managed Care Government Relations Health Care Law Labor & Employment Law Litigation Nursing Homes


  • Federation of Defense & Corporate Counsel
  • 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


  • 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


  • DRI, Employment Law Steering Committee

Publications & Presentations

  • Editor-in-Chief, Age Discrimination in Employment Law, Third Edition, ABA Section of Labor and Employment Law, 2021
  • 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
Spilman Attorneys Named to 2022 WV Super Lawyers List Bill Ending Forced Arbitration of Sexual Assault and Sexual Harassment Claims Heads to President's D Vax or Test has Arrived All Employers with 100 (or more) Employees Will be Required to Implement Mandatory COVID-19 Vaccines Nursing Home COVID-19 Vaccination Mandate Spilman Recognized in Chambers USA 2021 Spilman Attorneys Named to 2021 WV Super Lawyers List One Rule to Guide Them All: West Virginia Legislature Enacts Uniform Rule for Distinguishing Indepen Unprecedented: COVID-19 Litigation Insights, Volume 2, Issue 7 The American Rescue Plan Act Creates COBRA Subsidies and New Notice Requirements Beginning April 1