F: (304) 347-1756
J.D., West Virginia University College of Law (2002)
- Chief Justice, Moot Court Board
M.A., Political Science, West Virginia University (1999)
B.A., Political Science, West Virginia University (1997)
- Phi Beta Kappa
- Supreme Court of Appeals of West Virginia
- Supreme Court of Pennsylvania
- U.S. District Courts for the Northern and Southern Districts of West Virginia
- U.S. Court of Appeals for the Fourth Circuit
Justin M. Harrison is a labor and employment lawyer, and has been recognized for his work by Chambers USA and Super Lawyers.
His employment law practice focuses on litigation and counseling throughout West Virginia, often assisting employers with making sure that today’s employee does not become tomorrow’s plaintiff. He has successfully defended employers against a variety of discrimination and retaliation claims, including those based on age, gender, race, weight, disability and whistleblower status.
His litigation experience includes wage and hour claims under state and federal law, workplace safety, restrictive covenants, employee drug testing, and class actions. He has taken several cases to verdict.
Justin’s labor law practice includes defending employers against unfair labor practice charges, participating in contract negotiations, grievances and arbitrations, and assisting employers during union organizing campaigns.
He represents employers, large and small, that operate in the health care, manufacturing, banking, and energy sectors. Each client is unique, and each matter is unique. Justin works with clients to understand their business, to identify preferred goals and outcomes, and to minimize the adverse impact that litigation and union activity can have upon people and business operations.
Additionally, Justin assists employers in compliance-related issues and provides training to help managers and supervisors recognize and avoid common pitfalls and potential litigation traps. He is a frequent presenter on topics related to the West Virginia Patient Safety Act and other issues involving employees, labor and employment.
- Bowles Rice Human Resources Chair
- Extensive litigation and trial experience
- Completely defeated a collective action under the Fair Labor Standards Act
- Obtained complete defense verdict in a sexual harassment case pending before the West Virginia Human Rights Commission
- Obtained complete defense verdict in a sexual harassment case pending before the Circuit Court of Kanawha County, West Virginia
- Aggressive trial defense led to plaintiff abandoning her discrimination claims during her case-in-chief before the Circuit Court of Harrison County
- Defeated arbitration award requiring reinstatement through summary judgment in the U.S. District Court for the Southern District of West Virginia
- Assisted energy services company in defeating union organizing campaign and election
- Assisted industrial painting contractor in resolving prevailing wage claims brought by West Virginia Division of Labor
- Successful resolution of class action claims pursued under the West Virginia Wage Payment and Collection Act
- Extensive experience with retaliation claims under the West Virginia Human Rights Act, the West Virginia Patient Safety Act, and the False Claims Act
- Successful resolution of claims brought under the West Virginia Patient Safety Act
- Scraggs v. NGK Spark Plugs (U.S.A.), Inc., 2016 WL 3676739 (S.D.W.Va. July 7, 2016) (granting summary judgment on clams for retaliation and interference under the Family and Medical Leave Act)
- Scraggs v. NGK Spark Plugs (U.S.A.), Inc., 2016 WL 2851567 (S.D.W.Va. May 13, 2016) (granting motion to exclude plaintiff’s expert witness)
- Scraggs v. NGK Spark Plugs (U.S.A.), Inc., 2015 WL 8485248 (S.D.W.Va. Sept. 1, 2015) (granting motion to dismiss disability discrimination claims asserted under the W.Va. Human Rights Act)
- Smith v. Board of Education of Berkeley County, 2015 WL 2364292 (W.Va. Sup. Crt. May 15, 2015) (affirming circuit court’s reversal of Unemployment Compensation Board of Review; denying unemployment compensation benefits to a former employee for engaging in gross misconduct)
- Porter v. Petroleum Transport, Inc., 2012 WL 3918356 (S.D.W.Va. Sept. 7, 2012) (granting summary judgment on the issue of “willfulness” and determining that two year, rather than three year, statute of limitations applied to a collective action under the Fair Labor and Standards Act)
- Spano v. Metropolitan Life Insurance Company, 2011 WL 2180657 (S.D. W.Va. June 2, 2011) (granting summary judgment on claims for constructive discharge and unpaid commission income asserted under the W.Va. Wage Payment and Collection Act)
- United Steel Workers, AFL-CIO, CLC v. Ravenswood Federal Credit Union, 2010 WL 11432267 (S.D.W.Va. June 3, 2010) (granting summary judgment for employer and vacating arbitration award requiring reinstatement of discharged employee where arbitration award violated public policy)
- Woods v. Town of Danville, 712 F.Supp.2d 502 (S.D.W.Va. May 14, 2010) (denying summary judgment in police case involving claims of false arrest and excessive force under 42 U.S.C §1983)
Presentations & Events
- Presentation: Dealing with Difficult Employees and the Patient Safety ActFlatwoods, West Virginia, September 15, 2016
- Presentation: The West Virginia Patient Safety Act - Managing Employee Performance While Minimizing Liability RiskHoliday Inn, Charleston Convention Center, South Charleston, West Virginia, July 26, 2016
- Presentation: West Virginia Patient Safety ActSouth Charleston, West Virginia, July 26, 2016
- Presentation: Conducting Performance Evaluations and Using the ResultsSt. Clairsville, Ohio, June 9, 2016
- Justin has served as a guest lecturer on Employment Law at the Marshall University Graduate College.
Articles & Alerts
- Labor and Employment e-Alert, November 23, 2016
- West Virginia Banker Magazine, Spring 2016
- "The Pitfalls of Social Networking for Employers: Why Employers Should Have Social Networking Policies," by Justin M. HarrisonWest Virginia Banker Magazine, Fall 2011
Views & Visions
- Creating Tomorrow's WorkforceSpring 2013
- West Virginia Bar Association
- West Virginia Defense Trial Counsel
- American Employment Law Council
- Habitat for Humanity of West Virginia (Vice President)