Jan L. Fox

Biography

When Jan Fox attended West Virginia Girl’s State (it doesn’t matter what year), she heard a presentation from a labor and employment lawyer and from that day forward, her career path was set. Jan was attracted to the profession because it focused on people and it seemed that every day and every situation would be unique. Fast forward almost 30 years, and her attraction to the practice of labor and employment law is still very much alive, and yes, every day and every situation is in fact unique. Jan’s practice has evolved from a very intense courtroom practice to include more work as a daily trusted advisor for her clients. Clients, mostly in-house human resources professionals, call Jan when they are baffled, when they need a shoulder to cry on, and when they are frustrated. Jan’s calming nature paired with her legal knowledge is an effective and valuable combination for her clients. Jan has represented and counseled clients in almost every aspect of employment law, including reasonable accommodations, FMLA, FLSA, wrongful termination, sexual harassment, and discrimination.

Jan has an excellent track record of success in administrative hearings in circuit courts, the Supreme Court of Appeals of West Virginia, federal district courts, and the United States Court of Appeals for the Fourth Circuit. When matters escalate beyond counseling and litigation occurs, Jan taps into her emotional intelligence and empathy, viewing the situation through the eyes of the jury, witnesses, and the plaintiff, all with the goal of building a winning defense.

Representative Experience

  • Prevailed on summary judgment on behalf of a public agency in a matter involving pay discrimination
  • Counseled employers on personnel matters and drafted employee handbooks and employment policies
  • Defended a healthcare facility in allegations of unlawful termination and violation of the patient safety act
  • Defended employers in situations alleging interference with and termination due to FMLA use
  • Counseled clients on intermittent FMLA and the availability for exempt and non-exempt employees
  • Counseled employers on termination matters and issues
  • Defended educational institutions regarding the sexual assault of students claiming Title IX violations
  • Defended discrimination claims of race, gender, age, disability, religion, and national origin in state and federal courts as well as claims brought before the EEOC and state human rights agencies
  • Defended boards of education in negligence, wrongful hiring and supervision, and due process claims in both state and federal courts
  • Tried numerous jury cases to verdict in state and federal courts

Licensed In

  • West Virginia

Education

  • J.D. West Virginia University College of Law
  • B.A. West Virginia University

Memberships

  • West Virginia Board of Architects
  • Volunteer, West Virginia Public Radio
  • West Virginia Symphony League
  • Kanawha Valley Chapter, West Virginia University Alumni Association
  • American Bar Association
  • National School Board Association Council of School Attorneys
  • Employment Section, West Virginia State Bar
  • Kanawha County Bar Association
  • Moot Court Board
  • Order of the Barristers

Achievements

  • Chambers USA: America’s Leading Lawyers for Business – Labor & Employment (2021 – Present)
  • The Best Lawyers in America®, Education Law (2011-Present), Employment Law – Management (2012-Present), Labor Law – Management (2011-Present), Litigation – Labor & Employment (2011-Present)
  • Distinguished West Virginian, 1993

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