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Bradley K. Shafer

Partner

bshafer@defensecounsel.com

Wheeling, WV Office
48 Fourteenth Street
Suite 200
Wheeling, WV 26003

Tel: 304.241.2976
Fax: 423.218.0284

Bradley K. Shafer was born in Detroit, Michigan.  He attended Alma College graduating with a double major in History and Political Science in 1993.  He attended and graduated from The Ohio State University College of Law in 1996 before relocating to Wheeling, West Virginia where he continues to reside.

Bradley spends much of his time advising his clients on labor, employment and workers’ compensation matters.  He has become a trusted advisor to his clients having relationships with many that date back over 15 years.  Bradley has earned a reputation for breaking down the complex legalese into plain English that his clients can then implement and enforce through their own internal policies and procedures.

In addition to helping draft policies and procedures and providing counseling on immediate workforce issues, Bradley has successfully defended his clients in litigation in both state and federal court as well as arbitrations.  Bradley has tried cases to verdict in both state and federal courts in Ohio, West Virginia, and Virginia.  He has also handled matters pending before the Ohio Civil Rights Administration, West Virginia Human Rights Commission, Equal Employment Opportunity Commission, West Virginia Division of Labor and United States Department of Labor.  Bradley has also handled matters before the National Labor Relations Board, defended his clients in grievance hearings, and obtained injunctive relief when behavior on the picket line got out of hand.  He also handles workers compensation claims in Ohio and West Virginia.

Beyond his vast employment law experience, Bradley is well versed in protecting the interests of owners, contractors and subcontractors in all types of construction matters, ranging from residential to large-scale commercial and government projects.  Bradley is able to assist his clients in prosecuting and defending contract claims, including changes, differing site conditions, inefficiency and delay.  Bradley also has years of hands on experience defending employee and third party personal injury actions resulting from construction workplace accidents. 

Bradley also works with his clients to navigate commercial contract disputes, privacy issues, commercial litigation,  personal injury and premises liability. 

In addition to practicing law, Bradley has been a very active member of the Society of Human Resource Management (SHRM).  He has served several terms as chapter president and is currently the legislative officer of his local chapter.  Bradley also served as the Legislative Director for West Virginia SHRM and as such organized HR Day at the West Virginia Capitol where SHRM members would visit their state representatives to discuss pending legislation dealing with workplace issues.  He also issued statewide legislative alerts to SHRM members and prepared talking points and letters for members to send state legislators regarding HR related bills.

AREAS OF PRACTICE

  • Labor & Employment
  • Workers’ Compensation
  • Construction Liability
  • Civil Trial
  • Premises Liability
  • Products Liability
  • Personal Injury
  • Class Action

EDUCATION

  • Alma College, Alma, Michigan 1993 double major Bachelor of Science History and Political Science
  • The Ohio State University College of Law, 1996 Juris Doctorate

BAR ADMISSIONS

  • Ohio 1996
  • West Virginia 1997
  • Virginia 1997 (inactive status)
  • Northern and Southern Districts of West Virginia
  • Northern and Southern Districts of Ohio
  • United States Court of Appeals, Fourth Circuit

PROFESSIONAL AFFILIATIONS

  • Upper Ohio Valley Chapter Society of Human Resource Management (SHRM)
  • Ohio State Bar Association
  • American Bar Association
  • Defense Research Institute
  • Former Board Member Area Agency on Aging, Region 9
  • Former Board Member, Elmhurst House of Friendship
  • Member, Elmhurst House of Friendship Board of Directors 2003-2009
  • Member, Board of Directors Area Agency on Aging Region 9 2010-2015
  • Member, Board of Directors United Way 2016-present
  • Chair of Professional Group, United Way 2012-2016
  • SHRM Upper Ohio Valley Chapter President 2004-2012
  • SHRM Upper Ohio Valley Chapter Legislative Director 2004-present
  • SHRM WV State Council Legislative Director 2008-2014

EXPERIENCE

  • Successfully argued to the West Virginia Supreme Court of Appeals to enforce arbitration agreements
  • Defended client in USERRA case in federal court
  • Assisted client in OSHA workplace death investigation and defended resulting litigation
  • Obtained injunctive relief against picketers/strikers
  • Defended clients in both state and federal wage related claims, including federal class action
  • Represented clients in audits conducted by US Department of Labor and West Virginia Division of Labor
  • Defended clients against claims of sexual harassment; age, race, sexual, and disability discrimination; wrongful discharge; retaliation; failure to pay wages when due; invasion of privacy and wrongful death in civil courts and arbitration
  • Litigate and appeal workers’ compensation claims in Ohio and West Virginia
  • Conducted and oversaw internal workplace investigations including investigations of top level members of management
  • Conducted training on various human resources related topics
  • Litigated applicability of New Jersey Automobile Insurance PIP provisions relating to subrogation to automobile accident taking place in West Virginia. Reported Decision:  USAA Cas. Ins. Co. v. Smith, 971 F.Supp.2d 599 (USDC NDWV 2013)
  • Pursued statutory fraud claims against workers’ compensation claimants
  • Negotiated collective bargaining agreements

PRESENTATIONS

  • "The Healthy Families Act Revisited," Employment Law 360, May, 2009
  • "HIPAA Privacy Rule, Confidentiality and Legislation," 2006 Health Care & Compliance Law Update Chapter 3, Aspen Publishing
  • "HIPAA Litigation," Tenth Annual HIPAA Summit
  • Workforce West Virginia Annual Conferences Speaker
  • Contributed articles to West Virginia Employment Law Letter
  • NBI “Human Resource Law: What You Need to Know.” February 2018.  Spoke in Wheeling on Employment Law Update and Hiring/Recruiting and wrote the paper on Hiring/Recruiting

Bradley speaks frequently for NBI, SHRM, and presents his own labor and employment seminars.


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