Shelby A. Hicks-Merinar

Of Counsel

Biography

Shelby Merinar enjoys that labor and employment law keeps her on her toes. With a detailed, thorough, and inquisitive approach to her work, Shelby is able to challenge assumptions and also keep her clients on their toes, alerting them to changing labor and employment laws and helping them deal with their unique employment situations. Shelby has advised clients and defended them in matters involving sexual harassment, wrongful discharge, disability, and age discrimination, as well as day-to-day human resources management.

Representative Experience

Defend a nonprofit organization focused on employing individuals with disabilities in a number of discrimination matters on the basis of disability
Defending a healthcare system against a claim of sexual harassment involving a contracted emergency department physician
Counsel for international aluminum manufacturing entity in a variety of employment litigation involving disability discrimination and traditional labor
Counseled manufacturing entity in a complex matter involving breach of contract and alleged theft of trade secrets
Defended numerous disability discrimination and failure-to-accommodate claims arising under the ADA and the WVHRA
Obtained an appellate decision from the West Virginia Supreme Court of Appeals affirming the motion to dismiss a wrongful discharge case for a manufacturing company in a case arising out of an employee’s claim of self-defense
Defended a higher education institution against allegations of age discrimination and FMLA retaliation
Obtained summary judgment for employer in a case involving retaliation under the West Virginia Patient Safety Act
Represented fast food chain in a claim of hostile work environment and sexual harassment in a situation involving employee and supervisor
Represented a retailer in a matter involving a disgruntled terminated employee bringing claims of age and gender discrimination

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Licensed In

West Virginia
Ohio

Education

J.D. West Virginia University College of Law

B.A. West Virginia University

Memberships

Senior Notes Editor, West Virginia Law Review, Vol. 118
Associate Editor, West Virginia Law Review, Vol. 117
United States Supreme Court Litigation Clinic
Labor Law Secretary, West Virginia University College of Law

Achievements

The Best Lawyers in America®: Ones to Watch- Labor and Employment Law – Management (2024-Present)
CALI Award: Employment Law
CALI Award: Religion and the Constitution

Speaking Engagements

“FMLA in Practice” – West Virginia Healthcare Human Resources Association 2023
“Effective Handling of Harassment in the Workplace” – WV SHRM Conference, 2022
“Best Practices for Conducting an Effective Investigation & COVID Leave Policies” – Government Finance Officers Association Conference, Fall 2022
“FMLA: Basics to Advanced” – Kentucky Annual SHRM Conference, September 2022
“ADA and FMLA Legal Update” – Tri-State SHRM Workshop, June 2022
“Understanding and Managing Obligations under the ADA & FMLA” – Mid-Ohio Valley SHRM, Spring 2022
Presented Higher Ed and Employment Law Update to 2022 WVCUPA-HR Annual Conference
“West Virginia Employment Law Update” – Tri-State SHRM Workshop, September 2021
“Labor & Employment Webcast Series: Is Using Independent Contractors Still a Viable Option” – West Virginia Healthcare Human Resources Association, July 2021
“Managing and Navigating a Multigenerational Workforce” – Kanawha County Public Library Staff Training, February 2020
Tri-State SHRM Workshop, November 2019 – ADA Legal Update
NCWV SHRM, Annual Conference, November 2019 – Fair Labor Standards Act
Presented Employment Law Update to 2019 WVCUPA-HR Annual Conference
Presented Human Resources Basics to undergraduates enrolled in the Human Resources program at West Virginia University, 2018, 2019
Human Resources Best Practices for New Business Owners, 2018 Wonder Woman Conference, Charleston WV