Scott Evans is a veteran attorney with over 30 years of litigation experience in State and Federal Courts, as well as before various government administrative agencies. He represents clients in all range of employment litigation, including wrongful termination, discrimination, sexual harassment, FMLA leave issues, Wage and Hour, CARES Act (COVID-19), employee issues, West Virginia Human Rights Act, West Virginia Medical Cannabis Act, West Virginia Safer Workplace Act (drug testing), Workers’ Compensation discrimination, invasion of privacy issues, workplace investigations and West Virginia Wage Payment and Collection Act matters.

“I enjoy meeting new clients and developing a plan of action to help them in a difficult time in their life. My years of experience help me identify the clients’ legal issues and determine the effective path forward in litigation.”

In addition to litigation, a good portion of Scott’s practice has been employment consultation work involving day-to-day HR/personnel issues like leaves of absence, harassment claims and investigations, terminations, disability accommodations, COVID-19 related issues and wage and hour matters.

“Employment consultation is one of the most challenging and I believe one of the important parts of my practice. My goal is to help clients navigate the many layers of complex State and Federal employment laws. I find it very rewarding to help clients who face tough situations in the workplace achieve their ultimate objectives.”

Mr. Evans is admitted to the Supreme Court of Appeals of West Virginia, the United States Court of Appeals for the Fourth Circuit and the United States District Courts for the Southern and Northern Districts of West Virginia. In addition, he is a former Chair of the Defense Trial Counsel’s Employment and Labor Committee (2012-2013).

Education

West Virginia School of Law (J.D., 1991)

West Virginia University (B.A., Political Science and Government, 1988)
Magna Cum laude

Bar Admissions

Supreme Court of Appeals of West Virginia

U.S. District Court for the Northern District of West Virginia

U.S. District Court for the Southern District of West Virginia

United States Court of Appeals for the Fourth Circuit

Publications / Presentations

Mr. Evans has spoken and written on a variety of employment and legal litigations issues for various publications and trade organizations which include West Virginia Executive, WV Inc., West Virginia Record, West Virginia Car, The West Virginia Broadcasters Association, West Virginia Automobile and Truck Dealers Association, West Virginia Society of Certified Public Accountants, West Virginia Contractors Association and West Virginia Construction and Design Exposition.

Is Your Bank Ready for a Visit from Jesse James and the Gang?
The West Virginia Banker Magazine – Spring 2019

Their View: SC Decisions Demonstrate Importance of Written Warnings in Disciplining Employees
The West Virginia Record – November 2013

Case of Obese Blackjack Dealer Highlights Important Lesson
The West Virginia Record – July 2013

Layoffs? Yes, There Are Alternatives
Capacity – October 2009

Terminations: Practical Advice for Employers
West Virginia Executive – 2008

Employee Handbooks: Ten Common Mistakes Made by Employers
West Virginia Car – December 2006

Drug Testing vs. Employee Rights: An Issue for Business Owners
WV, Inc. – June 2006

Sexual Harassment: Dangerous Management Styles
West Virginia Executive – 1999

GET IN TOUCH

scott@scottevanslaw.com
304-552-1315

Past Experience

Member
Estep Entsminger Law Group, PLLC
March 2021 – 2022
Charleston, West Virginia

Practice involves representing clients in a wide range of employment litigation in in both federal and state court as well as before various federal and state governmental agencies (Equal Employment Opportunity Commission, West Virginia Human Rights Com-mission, United States Department of Labor Wage & Hour Division, National Labor Relations Board) and private arbitration.

Practice also concentrates on counseling and advising clients on a full range of employment and human resource/personnel issues, including sexual harassment and discrimination investigations, disability workplace accommodation issues, Family Medical Leave Act leave issues, Workers’ Compensation leave and employment reinstatement matters, medical cannabis issues, CARES Act (COVID-19) matters, hostile work environment cases, wrongful discharge/violation of public policy actions, drug testing, invasion of privacy, disability issues Americans with Disabilities Act and West Virginia Human Rights Act, breach of contract claims and data breach responses, Wage Payment and Collection Act matters, enforce of non-competition agreements, and Fair Labor Standards Act/Wage and Hour disputes and investigations.

Drafting and updating various personnel policies and employee handbooks, preparing and reviewing employment agreements and business-related contracts.

Member
Flaherty Sensabaugh & Bonasso, PLLC
February 2015 – March 2021 – 6 years
Charleston, West Virginia

Mr. Evans was a member of Flaherty’s Employment Law Practice Group and Long Term Care Group; representing clients in employment litigation, employment/HR consultation and personal injury litigation.

Member
Jackson Kelly, PLLC
November 1999 – January 2015 – 15 years, 3 months
Charleston, West Virginia

Mr. Evans was a member of Jackson Kelly’s Labor and Employment Practice Group; representing clients in a wide range of employment matters in Federal and State court including discrimination, harrassment and retaliation suits involving claims of age, race, sex and disability discrimination.

Member
Holroyd, Yost & Evans
May 1991 – November 1999 – 8 years, 6 months
Charleston, West Virginia

Mr. Evans represented corporate and individual cases in a range of employment litigation, including breach of employment contract claims, harassment, discrimination, Wage Payment and Collection Act claims and various wrongful termination suits.

Legal Intern, Law School Summer Recess
Joint Committee on Government & Finance – Legislative Services Division
June 1990 – August 1990

Provided legal research related to proposed legislative bills, drafted legislative bills and legal memorandums concerning proposed legislation.

112 Capitol Street, 4th Floor
Charleston, WV 25301

Tel: (304) 552-1315

Email: scott@scottevanslaw.com

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