Employment

Protecting Your Rights at Work

Whether you’re an employee facing unfair treatment or an employer trying to make sense of your obligations, workplace issues can turn stressful fast. Most people don’t think about employment law—until something goes wrong. Maybe you’ve been wrongfully terminated, denied pay you’re owed, or accused of something you didn’t do. Maybe you’re a small business owner trying to follow the rules and stay out of trouble.

At Ray, Winton & Kelley, we help both employees and employers navigate complex workplace situations with clarity, strategy, and respect for what’s at stake.

When You’re an Employee and Something Doesn’t Feel Right

West Virginia is an at-will employment state, but that doesn’t mean employers can fire someone for any reason at all. If you've been let go unfairly, harassed at work, or denied wages you earned, it's worth having a conversation with a lawyer.

We help employees who are dealing with:

Wrongful termination or retaliation
Workplace harassment or discrimination
Denied overtime or unpaid wages
Unsafe working conditions
Issues with employment contracts or non-compete agreements

Sometimes, clients just want to know: Is what happened to me legal? We listen to the details, give honest feedback, and explain your options clearly—so you’re not left guessing.

When You’re an Employer Trying to Do Things Right

Employers often find themselves stuck between running a business and staying compliant with ever-changing employment laws. A misstep in hiring, firing, or policy enforcement can quickly turn into a costly legal problem.

We work with business owners to:

Draft or review employee handbooks and HR policies
Navigate employee discipline and termination procedures
Respond to harassment or discrimination complaints
Review and enforce non-compete or confidentiality agreements
Defend against employee claims or lawsuits

We know you don’t want to get bogged down in legal red tape—but you also don’t want to be blindsided by a claim you could’ve prevented. We help you strike that balance.

Common Workplace Situations We Help Resolve

No two jobs—or job disputes—are exactly alike. But there are certain problems we see over and over again, like:

You were fired right after reporting your supervisor for misconduct.
Your paychecks are missing overtime, and you’re told “that’s just how we do it here.”
You’re being micromanaged or written up after taking protected medical leave.
You want to fire an underperforming employee but worry about triggering a discrimination claim.
You’ve been accused of workplace retaliation and don’t know how to respond.

We help sort through the facts, assess what’s legally relevant, and figure out the best way to move forward.

Our Approach to Employment Law

Whether you're trying to resolve a problem quietly or need to stand your ground in court, we adapt to your goals. We don’t push you toward unnecessary lawsuits—but we won’t back down from one either.

Our attorneys understand the sensitive nature of workplace conflict. We keep things professional, respectful, and focused on resolution—not revenge. And because we’ve represented both sides—employers and employees—we bring a balanced perspective to every case.

Why RWK Is the Right Fit

At Ray, Winton & Kelley, we’ve built a reputation on practical, thoughtful legal work that puts our clients’ needs first. We don’t overcomplicate things or bury you in jargon. Instead, we focus on helping you understand your situation, make informed decisions, and take the right steps to protect yourself, your family, or your business.

With decades of experience serving Charleston and communities across West Virginia, we bring both deep legal knowledge and a grounded, real-world perspective to every case. Whether you're planning ahead, facing a dispute, or simply looking for clarity, you can count on our team to provide steady guidance and dependable representation.

FAMILY LAW, DIVORCE & DOMESTIC RELATIONS

Family relationships are complex, and the finances associated with those relationships are often intricate. We have the ability to understand the complexity of those relationships and provide our clients with effective counsel, especially when relationships end in divorce. We handle divorce cases at all income levels and have had particular success with high net-worth cases.

CORPORATE LAW & LITIGATION

Starting and operating a business requires many important decisions. We can help guide you through the process and protect your interests. The issues we handle include business incorporation, breach-of-contract claims, construction law, contractor’s liens, collection of debts, judgment enforcement, non-compete agreements, fraud, partnership disputes, operating agreements, employment matters, and business purchases and sales.

GENERAL CIVIL LAW & LITIGATION

General civil litigation involves seeking compensatory damages for some actual or perceived wrong. However, remedies in civil matters can also include specific performance of a contractual agreement, injunctive or other equitable relief.

REAL ESTATE LAW & LITIGATION

We handle a variety of real estate legal issues, including sales, leasing, financing, contract negotiations, title assurance, landlord-tenant relations and taxes. When litigation is necessary, we represent clients in disputes over construction, mechanic’s liens, easements, boundaries, condemnation and landlord-tenant issues.

LAWYER DISCIPLINARY PROCEEDINGS

Mark Kelley has represented numerous West Virginia attorneys in all stages of the disciplinary process. If you need representation in this area or just want a consultation to help you deal with a complaint, the firm is ready to assist you in the process.

EMPLOYMENT

Employment law encompasses thousands of federal and state statutes, administrative regulations and judicial decisions that cover a wide spectrum of the employer/employee relationship. We handle issues for employees or employers in such areas as collective bargaining, employment discrimination, unemployment compensation, pensions, workplace safety and workers’ compensation.

MEDIATION

The firm offers mediation services for business disputes, estate disputes and domestic relations cases. Mark and Sam have taken basic and advanced mediation courses through the West Virginia State Bar. Mark has mediated numerous cases in the above fields and is available to assist litigants and their attorneys in trying to resolve these often-complicated and contentious matters. Sam generally limits his mediation practice to family law disputes. It greatly enhances the chances of a successful mediation if your mediator has extensive experience dealing with the issues to be mediated.

Testimonials

Elizabeth Smith

Mr. Kelley is extremely responsive and knowledgeable when it comes to family law. He and his staff are have done an excellent job handling child custody issues quickly and effectively, highly recommend.

David Log

A very old and established law firm. Great for estate management and general law.

Leslie Richmond

Franki Parsons has been a life saver. Franki goes above and beyond to help you. So easy to talk to and you know she cares. Can't recommend enough.