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Spilman Thomas & Battle, PLLC

Eric E. Kinder

Eric E. Kinder


Spilman Thomas & Battle, PLLC
West Virginia, U.S.A.

tel: 304.340.3893
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Local Time: Sat. 04:08

Mr. Kinder's primary area of practice is labor and employment law with an emphasis on wage and hour, employee benefits, ERISA litigation, and USERRA.

Bar Admissions


  • Supreme Court of Indiana
  • Supreme Court of Ohio
  • West Virginia Supreme Court of Appeals
  • United States Court of Appeals for the Fourth Circuit
  • United States District Courts for the Northern and Southern Districts of Ohio
  • United States District Courts for the Northern and Southern Districts of West Virginia


  • Cornell University, School of Industrial and Labor Relations, B.S., 1988
  • Case Western Reserve School of Law, J.D., summa cum laude, 1994
  • University of Virginia Trial Advocacy School, 2004
Areas of Practice
Professional Career

Significant Accomplishments

  • Drafting and reviewing a broad cross-section of employment, personnel policies, practices and procedures
  • Developing strategies and providing guidance and advice to employers on labor and employment issues
  • Serving as lead counsel in defense of employment discrimination complaints before the West Virginia Human Rights Commission, Equal Employment Opportunity Commission and the Ohio State Employment Relations Board and in state and federal trial and appellate courts
  • Serving as lead counsel in representation of employers in actions under the Employee Retirement Income Security Act ("ERISA") in federal trial and appellate courts
  • Advising clients regarding ERISA compliance and health and welfare/pension plan administration issues
  • Serving as lead counsel on behalf of employers in claims brought under the Uniformed Services Employment and Reemployment Rights Act ("USERRA")
  • Serving as lead counsel in defense of general litigation matters, including matters involving covenants not to compete and other employment and labor issues
  • Giving frequent lectures at regional seminars for employers and counsel on the legal and practical aspects of litigation and labor and employment laws, including wage and hour and USERRA
  • Serving as co-chair of the firm's Appellate Practice Group

  • Representative Cases

  • Hesson v. Morrison-Knudsen Co., Inc., 117 Fed. Appx. 857 (4th Cir. 2004)
  • Cleveland Police Patrolman's Assn. v. Cleveland, 107 Ohio App. 3d 248, 668 N.E.2d 548 (Ohio Ct. App. 1995)

  • Blogs

    INGOTS: Raw Thoughts and Unpolished Ideas
    Spilman Thomas & Battle, PLLC 

    Spilman Thomas & Battle, PLLC is a full-service law firm offering a broad range of practices, spanning litigation and corporate law, for clients large and small. Founded in 1864, Spilman has offices in Pennsylvania, West Virginia, Virginia and North Carolina. This blog is updated and maintained by...


    Publications & Presentations

    • Co-Editor-in-Chief, Age Discrimination in Employment Law, Second Edition, ABA Section of Labor and Employment Law, 2015
    • Co-author, “Rule 30(b)(6) at 45: Is It Still Your Friend?,” Pretrial Practice & Discovery, Vol. 24 No. 1, American Bar Association Section of Litigation, Fall 2015
    • Co-author, "The Pessimist's Guide to Employment Litigation," For the Defense, August 2012
    • Co-author, chapter on West Virginia, Employment At Will: A State-by-State Survey, ABA Section of Labor and Employment Law, 2016
    • Working Group Member, The In-House Counsel's Essential Tool Kit, Volume 4, Employment Law, ABA Section of Business Law 2007

    WSG's members are independent firms and are not affiliated in the joint practice of professional services. Each member exercises its own individual judgments on all client matters.

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