Mark Dellinger is a partner in the Charleston office of Bowles Rice and serves as a member of the firm’s Executive Committee. He is the Leader of the firm’s Labor and Employment Practice Group, and concentrates his practice in the areas of labor and employment law and litigation.
Mr. Dellinger has been recognized for his work in the area of labor and employment law by Best Lawyers in America, Chambers USA: America’s Leading Business Lawyers and West Virginia Super Lawyers. He is also peer-review rated AV in Martindale-Hubbell. Mr. Dellinger regularly represents private and public sector employers in many different aspects of labor and employment law, including preventative counseling, employment litigation and traditional labor relations matters. A significant part of his practice is devoted to representing employers and management employees in employment cases filed in federal and state courts, where he has obtained numerous summary judgment rulings and successfully handled trials and appeals. He has successfully tried multiple employment cases to verdict, including claims of wrongful discharge, sexual harassment, retaliation and discrimination (age, gender and disability/failure to accommodate). Likewise, he also has substantial experience representing employers in administrative proceedings involving EEO investigations and public hearings, unemployment compensation claims and state employee grievances.
In addition to his law practice, Mr. Dellinger has authored over 30 articles on labor and employment topics for state and national publications. He also presents on labor and employment law topics for industry groups and associations.
Mr. Dellinger earned his undergraduate degree from Lenoir-Rhyne University and his law degree from the West Virginia University College of Law, where he graduated in the top seven percent (7%) of his class. He has also completed the University of Virginia’s Trial Advocacy Institute.
He is admitted to practice in West Virginia, the U.S. Court of Appeals for the Fourth Circuit and the U.S. District Courts for the Northern and Southern Districts of West Virginia. He is a member of the 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), and West Virginia Chamber of Commerce (Human Resources Committee).
Randolph - Kennedy v. Verizon Services Corp., 2015 WL 20693822, No. 14-0682 (W.Va. Supreme Court, May 1, 2015) — (memorandum decision) (claimant was disqualified from receiving unemployment compensation benefits based on acceptance of employment separation package offered pursuant to the parties' collective bargaining agreement)
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 “stoppage of work” issue in the context of 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) — (granting motion to dismiss claims alleging retaliatory discharge, intentional infliction of emotional distress, and federal and state constitutional due process violations)
Verizon Services Corp. v. Epling, 230 W.Va. 439, 739 S.E.2d 290 (2013) — (claimant was disqualified from receiving unemployment compensation benefits when she quit her job based on a change in work schedule where the potential for change was communicated prior to employment and was consistent with the terms of the parties’ collective bargaining agreement)
Porter v. Petroleum Transport, Inc., 2012 WL 3918356 (S.D.W.Va. Sept. 7, 2012) — (granting motion for summary judgment on the issue of “willfulness” and determining that two year, rather than three year, statute of limitations was applicable to a collective action brought under the Fair Labor Standards Act)