Erin E. Magee

Phone: (304) 340-1360 | Fax: (304) 340-1130 | Email:
500 Lee Street East, Suite 1600, Charleston, WV 25301-3202
Three Gateway Center, 401 Liberty Ave, Suite 1500, Pittsburgh, PA 15222

Erin E. Magee is a Member of Jackson Kelly PLLC and Co-Leader of the Labor and Employment Practice Group. Her practice currently focuses on all aspects of labor and employment litigation, training and consultation, as well as ERISA matters and commercial litigation for energy-industry clients.

Ms. Magee consults daily with employers about work-related issues, including wage and hour problems, employee leave and benefit questions, reductions in force, drug testing, workplace privacy concerns, personnel policy and handbook drafting and employee discharge and discipline issues. In addition, she regularly provides training and speaks at seminars, conferences and workshops on these topics, particularly focusing on the issues of harassment, discipline and the overlap between FMLA, ADA and workers' compensation laws.

Ms. Magee also regularly litigates on behalf employers in state and federal court, as well as before the West Virginia Human Rights Commission, the Equal Employment Opportunity Commission, the National Labor Relations Board and in arbitration. In the course of her practice, Ms. Magee has defended lawsuits alleging age, gender, race, disability and workers' compensation discrimination, wrongful discharge, sexual harassment, wage and hour, FMLA, employee benefit, breach of contract, deliberate intent, wrongful death and workplace safety lawsuits.

Chambers USA has recognized Ms. Magee for her work in the labor and employment field. In the 2011 edition, Ms. Magee is noted by sources as "always on top of everything — up on changes in the law and skilled in the courtroom." She is listed in Woodward/White's The Best Lawyers in America® in labor and employment law, and is named by Law & Politics as a West Virginia Super Lawyer®.

Ms. Magee is President of the Energy & Mineral Law Foundation, as well as a member of its executive committee and long-term planning committee. She is a founding member and past-President of the Women's Energy Network's Appalachia Chapter, which presented her with its inaugural Pioneer Award for leading new ideas that pave the way for others, and she served on a special task force charged with creating the national structure now in place for the organization. Additionally, Ms. Magee is recognized in Who's Who in Energy by the Pittsburgh Business Times.

Active in the community, Ms. Magee was the 2016 chair for the CAMC Foundation’s Run for Your Life, to benefit screening and awareness of colorectal cancer in Southern West Virginia. In addition, she is a former member and officer of the Board of Directors of the YWCA of Charleston and past-President of the Boards of Directors of the Kanawha Pastoral Counseling Center and the Children's Therapy Clinic Board. Ms. Magee also is a graduate of the West Virginia Chamber of Commerce's Leadership West Virginia program.

A native of Columbus, Ohio, Ms. Magee received her undergraduate degree from the College of William and Mary in Virginia in 1989 with a concentration in government and a minor in history. She received her law degree from William and Mary's Marshall Wythe School of Law in 1992. She is admitted to the West Virginia Bar, the Pennsylvania Bar, the United States Court of Appeals for the Fourth Circuit and the United States District Courts for the Northern and Southern Districts of West Virginia and the Western District of Pennsylvania.
Legal Experience
1992 - PresentJackson Kelly PLLC
1991York County Attorney, Yorktown, Virginia, Summer Legal Clerk
1990 - 1991Honorable Robert P. Frank, Newport News, Virginia, Intern
1992J.D.College of William and Mary, Marshall-Wythe School of Law
1989B.A.College of William and Mary (VA) (Government)
Bar Admissions
1992West Virginia
Court Admissions
2014U.S. District Court, Western District of Pennsylvania
2001U.S. District Court, Northern District of West Virginia
1994U.S. Court of Appeals, Fourth Circuit
1992U.S. District Court, Southern District of West Virginia

Professional Involvement:
  • Women's Energy Network, Appalachian Chapter, Founding Member and past President
  • West Virginia State Bar
  • Kanawha County Bar Association
  • Kanawha County Circuit Court Local Rules Committee, 1996

  • YWCA of Charleston, Board of Directors, Executive Committee
  • Kanawha Pastoral Counseling Center Board of Directors
  • Children's Therapy Clinic Board of Directors, President
  • Leadership West Virginia, 2005
  • West Virginia Symphony League, Member
  • Volunteer, Ronald McDonald House, 1992-1995
  • Junior League of Charleston, Sustaining Member
  • Kanawha County Democratic Executive Committee, 1996-1997

Teaching and Lecturing:
  • Speaker, "Lessons from the Courtroom:  Classic Termination Mistakes to Avoid," 15th Annual AlignHR Conference, Charleston, West Virginia, May 4, 2017
  • Speaker, "Employer and Employee Rights from a Federal and State of WV Perspective," 14th Annual AlignHR Conference, Charleston, West Virginia, May 4, 2016
  • Speaker, "Wage and Hour Issues in the Oil and Gas Industry," Energy & Mineral Law Foundation Special Institute on Understanding Appalachian Basin Midstream Assets, Canonsburg, Pennsylvania, April 21, 2015
  • "Social Media in the Workplace", Canton Chamber of Commerce, Aug. 9, 2013
  • Speaker, Harrasment In The Workplace- It's Not Just About Women Anymore, 2011 West Virginia SHRM Human Resources State Conference, Bridgeport Conference Center, Bridgeport, West Virginia, Oct. 6, 2011
  • "FMLA, ADA and Workers' Compensation:  Beyond the Basics."
  • "The Family and Medical Leave Act of 1993: What Supervisors Need To Know."
  • "Privacy Concerns in the Workplace."
  • "Disciplinary Action and Discharge Issues for Supervisors."

Writings and Publications:
  • Co-Author with Dan Stickler, "The National Bituminous Coal Wage Agreement of 1993 and the Memorandum of Understanding Regarding Job Opportunities:  is 'Double-Breasting' Dead?," 15 Eastern Min. L. Inst. Ch. 5 (1995)

Awards and Honors:
  • Named in the 2017 Best Lawyers®  Business Edition "Women in Law" 
  • Women's Energy Network Pioneer Award, 2015
  • Named among the 2013 Who's Who in Energy by Pittsburgh Business Times
  • Listed in the Employment Section of Super Lawyers® Business Edition for Employment & Labor, 2013-2015
  • Named in the 2013-2017 editions of West Virginia Super Lawyers® for Employment & Labor Law
  • Named in the 2012 edition of West Virginia Super Lawyers®
  • Selected by her peers for inclusion in The Best Lawyers in America® for Employment Law - Management, Labor Law - Management and Litigation - Labor & Employment, 2008-2018
  • Ranked in Chambers USA, America's Leading Lawyers for Business in the area of Labor & Employment Law in West Virginia, 2007-2017
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