Charleston, WV
600 Quarrier Street
Charleston, WV 25301
T: (304) 347-1178
F: (304) 347-1756

J.D., West Virginia University College of Law (1998)

A.B., Lenoir-Rhyne University (1991)

  • Supreme Court of Appeals of West Virginia
  • U.S. Court of Appeals for the Fourth Circuit
  • U.S. District Courts for the Northern and Southern Districts of West Virginia
Photo of Mark H.  Dellinger

Mark H. Dellinger

Partner

Mark Dellinger concentrates his practice in the areas of labor and employment law, and litigation. He also serves as the leader of the firm's Labor and Employment Practice Group.

Mark has been recognized for his work in the field of labor and employment law by The Best Lawyers in America ®, Chambers USA and Super Lawyers. In addition, he has achieved an AV peer-review rating from Martindale-Hubbell. More recently, he was appointed by the Governor to serve as a member of the West Virginia State Personnel Board.

Mark's representation of private and public sector employers encompasses preventative counseling, employment litigation and traditional labor relations matters. A significant part of his practice is devoted to representing employers in the defense of cases filed in federal and state courts. Mark has successfully tried employment cases to verdict, including claims of wrongful discharge, discrimination and retaliation. He also represents employers in administrative proceedings before federal and state agencies. In Mark's labor relations practice, he represents management in collective bargaining negotiations, arbitrations and unfair labor practice charge proceedings before the National Labor Relations Board.

Professional Highlights

  • Leader, Bowles Rice Labor and Employment Practice Group
  • Former Member, Bowles Rice Executive Committee
  • Won a complete defense verdict on behalf of a publicly traded company in a wrongful discharge/gender discrimination case after an eight-day jury trial
  • Won a complete defense verdict on behalf of a state official in a multi-party sexual harassment case after a five-day jury trial
  • Obtained a verdict of no damages on behalf of a manufacturing company in a sexual harassment case after a five-day jury trial
  • Defeated a collective action brought under the Fair Labor Standards Act
  • Obtained multiple dismissal and summary judgment orders in employment cases
  • Successfully prosecuted motions to compel arbitration of employment claims
  • Substantial experience representing employers in unemployment compensation proceedings, including strike-related claims before the Labor Dispute Tribunal
  • Served as chief negotiator for employers during collective bargaining negotiations
  • Successfully represented employers in numerous labor arbitrations involving grievances over "just cause" discharge, subcontracting, implementation of a drug and alcohol policy, and health care benefit changes
  • Authored 40 articles on labor and employment law topics for state and national publications

Representative Published Decisions

  • Lindenmuth v. Laboratory Corporation of America, 2016 WL 5109159 (S.D.W.Va. Sept. 19, 2016) (granting summary judgment on age and disability discrimination claims)
  • Randolph-Kennedy v. Verizon Services Corp., 2015 WL 20693822, No. 14-0682 (W.Va. Supreme Court, May 1, 2015) (memorandum decision) (claimant disqualified from receiving unemployment compensation benefits based on acceptance of employment separation package)
  • Verizon Services Corp. v. Board of Review of Workforce West Virginia, 2013 WL 5967047, No. 12-1106 (W.Va. Supreme Court, November 8, 2013) (memorandum decision) (analyzing whether claimants were disqualified from receiving unemployment compensation benefits as a result of a labor strike)
  • Hope v. Board of Directors of Kanawha Public Service Dist., 2013 WL 3340699 (S.D.W.Va. July 2, 2013) (dismissing claims alleging retaliatory discharge, intentional infliction of emotional distress and constitutional due process violations) 
  • Verizon Services Corp. v. Epling, 230 W.Va. 439, 739 S.E.2d 290 (2013) (claimant disqualified from receiving unemployment compensation benefits when she quit her job based on a change in work schedule) 
  • 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 an FLSA collective action)
  • Elswick v. Daniels Electric Inc., 787 F.Supp.2d 443 (S.D.W.Va. 2011) (dismissing claim under the Wage Payment and Collection Act as being preempted by the Labor Management Relations Act)
  • Deem v. BB&T Corp., 279 Fed.Appx. 283 (4th Cir. 2008) (affirming dismissal of claims for gender discrimination, retaliation and tortious interference on the grounds of ERISA preemption)
  • Casto v. American Union Boiler Company of West Virginia, 2006 WL 660458 (S.D.W.Va. March 14, 2006) (dismissing age discrimination claim based on the doctrine of judicial estoppel)
  • State ex rel. Wells v. Matish, 215 W.Va. 686, 600 S.E.2d 583 (2004) (granting motion to compel arbitration of employment claims)
  • State ex rel. Sale v. Goldman, 208 W.Va. 186, 539 S.E.2d 446 (2000) (rejecting constitutional challenge to city's curfew ordinance) 
  • Vieweg v. Gatson, 209 W.Va. 268, 546 S.E.2d 267 (2000) (analyzing voluntarily quit provision of unemployment compensation statute where claimants were discharged prior to the date of their prospective resignations)
  • Named to The Best Lawyers in America ® (Employment Law - Management; Litigation - Labor & Employment), 2011-present
  • Recognized by 2016 edition of Chambers USA: America's Leading Lawyers for Business among "Leaders in Their Field" for Labor and Employment Law
  • Peer-Review Rated AV by Martindale-Hubbell
  • Recognized by West Virginia Super Lawyers (Employment & Labor), 2007-present
  • American Bar Association (Labor and Employment Law Section)
  • West Virginia State Bar (Employment Law Committee)
  • Defense Research Institute (Employment Law Committee; former Regional Editor of The Job Description)
  • Defense Trial Counsel of West Virginia (Employment Law Committee)
  • Member, West Virginia State Personnel Board by appointment of the Governor
  • West Virginia Chamber of Commerce (Human Resources Committee)
  • Member, Mountaineer Athletic Club of West Virginia University