Biography
In a potentially volatile practice where emotions can run high, Mark Dean and his level-headed personality are assets to clients. Mark, a labor and employment lawyer, frequently guides clients to proactively prevent litigation by helping them develop and implement best practices. In contentious and often precedent-setting litigation, Mark is detail-oriented, creative, and thoughtful. Mark often represents clients in wrongful termination, discrimination against a protected class, sexual harassment, and retaliation. In the recent COVID-19 pandemic, Mark helped clients navigate reductions in force, vaccine and mask mandates, and the changes to FMLA.
He regularly represents employers – both public and private sector – in defense of employment-related lawsuits in the state courts of West Virginia and the federal District Court for the Northern and Southern Districts of West Virginia, as well as charges filed before the West Virginia Human Rights Commission, the West Virginia Public Employees Grievance Board, and the federal Equal Employment Opportunity Commission.
Representative Experience
- Obtained summary judgment in state court on behalf of a West Virginia county board of education on claims of wrongful termination, discrimination, and retaliation
- Obtained dismissal of a public education agency from a case alleging claims of wrongful termination, defamation, and alleged violations of the state constitution upon interlocutory appeal to the Supreme Court of Appeals of West Virginia
- Defended a public education agency, including current and former senior administrators, in a case in federal district court alleging violation of constitutional rights, tortious interference with business relationships, and conspiracy
- Prevailed on summary judgment on behalf of a public agency in a matter involving pay discrimination
- Advised client on EFLMEA issues related to COVID-19 and employee leave
- Advised client on employee remote work arrangements related to COVID-19
- Advised client on workplace safety issues related to COVID-19
- Assisted client in drafting exposure and travel policy related to COVID-19
- Appealed an adverse jurisdictional trial court ruling to the West Virginia Supreme Court of Appeals on behalf of a public agency
- Defended employers before the West Virginia Human Rights Commission in response to claims of age, disability, sex, race, and national original discrimination and retaliation
- Litigated various employment-related appeals from administrative tribunals to circuit court, and from circuit court to the West Virginia Supreme Court of Appeals
- Drafted drug-free workplace and testing policy for a large state government agency
- Defended employers in state and federal court on claims of discrimination and retaliation under the West Virginia Human Rights Act, Americans with Disabilities Act, Title VII of the Civil Rights Act of 1964, as well as retaliation claims under the common law of WV
- Defended employers in state and federal court in wage & hour claims under the Fair Labor Standards Act and West Virginia Wage Payment and Collection Act
- Sought summary judgment for a public university regarding allegations of breach of contract, fraud, and discrimination on the basis of disability and national origin
Education
- J.D. West Virginia University College of Law
- B.A. West Virginia University
Memberships
- West Virginia Chamber of Commerce Human Resources and Civil Justice Committees
- Charleston Chapter, Society for Human Resource Management
- West Virginia Alumni Association
- West Virginia State Bar
- United States District Court for the Northern District of West Virginia
- United States District Court for the Southern District of West Virginia
- United States Court of Appeals for the Fourth Circuit
- Associate Editor, West Virginia Law Review, Vol. 113
- Senior Research Editor, West Virginia Law Review Vol. 114
Achievements
- The Best Lawyers in America®: Ones to Watch- Labor and Employment Law – Management (2023-Present)
- CALI Award in Natural Resources
Speaking Engagements
- Presenter, “2018 West Virginia Legislative Update,” West Virginia SHRM Annual Conference, October 2018
- Co-author, “Reductions in Force: Factors to Consider in Order to Avoid Liability to Laid-Off Employees,” Energy & Mineral Law Foundation, 36th Annual Institute, Amelia Island, FL, 36 Energy & Min. L. Inst. 375 (2015)
Press Release
Legal Insight