Thomas A. Shumaker II

Overview

Tom Shumaker's practice focuses on employment law litigation and counseling of employers regarding compliance with various state and federal laws to mitigate risk, such as in disability accommodation, discrimination, employee discipline, wage and hour, restrictive covenants, independent contractor agreements, worker misclassification, and reductions in force.

In his 30 years of practice, Tom has represented employers in all facets of employment litigation. As lead counsel and in supervisory management of litigation teams, Tom has successfully litigated Title VII, ADA, ADEA, FMLA, FLSA, and commercial torts in state and federal courts in multiple jurisdictions. Tom has extensive experience in case investigations, taking and defending depositions, analyzing and valuing cases, defense strategy, and settlement negotiations. This is demonstrated by his high success rate for summary judgement and prevailing at numerous trials, administrative proceedings, mediations, and AAA arbitrations.

Prior to joining O’Hagan Meyer, Tom’s served 14 years as in-house council for a Fortune 300 international corporation in the transportation industry, with over 30,000 employees across 22 states and Canada, where he managed Labor & Employment law, whistleblower practice, and supervised inside and outside counsel litigating hundreds of labor law, employment law and personal injury lawsuits. After retiring from his corporate responsibilities, he founded Employment Law Virginia, where he assisted executives, businesses and professionals in a wide variety of workplace-related litigation, employment disputes and counseled business owners on legal and regulatory compliance risk mitigation.

Tom’s prior practice with two national firms involved commercial litigation and appellate work in numerous federal courts on behalf of large, multi-state employers, including Bayer, Proctor & Gamble, University of Pittsburgh Medical System and PNC Bank.

Tom served 14 years as an Infantry Officer in the USMC and 5 years as County Councilman on the Allegheny County Council in Pittsburgh, Pennsylvania, which has provided him with insight & strategic advantage in matters involving disputes with local governments and state agencies.

Honors, Publications, & Speeches

Honors

• AV Preeminent® Rating, Martindale Hubbell, 2022 to Present
• Top Lawyer, Virginia Business Employment Law, 2022
• “Top 100” Civil Plaintiff, National Trial Lawyers, 2022-2025
• Best Employment Lawyers in Virginia Beach, Expertise, 2021
• “Top Attorney” 10/10 Client Rating, Avvo, 2021

Publications

• Author, Chapter 3, "Scope of Coverage of the Railway Labor Act." The Railway Labor Act, by Douglas W. Hall and Michael L. Winston, 4th ed., American Bar Association Labor & Employment Section, 1 Jan. 2016.
• Contributor, ”Update on Labor & Employment Law Developments." VBA Annual Labor & Employment Law Conference. 2020—2023
• Author, ”RBG’s Impact on Harassment Claims in Employment Law." Employment Law Virginia, 19 Sept. 2020.
• Author, ”Employment Law Early Guidance: How Does Virginia’s New Marijuana Law Impact Employers?" Employment Law Virginia, 26 May 2020.
• Author, ”Department of Labor's New Overtime Regulations and the Teleworking Implications for Employers." Employment Law Virginia, 8 May 2020.
• Author, ”The Fourth Circuit Affirms Dismissal of Retaliation and Discrimination Suit." Employment Law Virginia, 7 May 2020.
• Speaker, ”Safety in the Unionized Workplace." EHS Today America's Safest Companies Conference, 12 Sept. 2012.
• Author, ”Employer Liability for Workplace Violence." Public Management, vol. 86, no. 3, 1 Jan. 2004, pp. 34-35.
• Author, ”Employee Privacy Versus Employer Rights." NURSING HOMES-WASHINGTON THEN CLEVELAND, vol. 52, no. 11, 2003, pp. 60-63.
• Author, ”An Employee Privacy Policy Fairly Applied Can Prevent Privacy Litigation." National Public Accountant, 2002, pp. 31-35.

Speeches

• Speaker, “"Leave Issues under the FFCRA, FMLA, and ADA.” 51st Annual VBA Labor & Employment Law Conference, Virginia Beach, VA., October 2, 2021

Civic

• Board Member, American Red Cross, Eastern VA, 2010-2019
• Board Member: Soldiers and Sailors Memorial Hall, Pittsburgh, PA, 2000-2003
• Board President: Pine-Richland Opportunities Fund, 1998-1999
• Councilman, Allegheny County Council, Pittsburgh PA, 2000-2005
• Disaster Response Team Volunteer, American Red Cross, Eastern VA, 2019-2021
• Treasurer, Virginia Beach Swim League, Virginia Beach, VA, 2007-2011

Professional

• American Inns of Court, Hampton Roads Chapter, 2006-2010
• American Inns of Court, Western Pennsylvania Chapter, 1996-1998
• Appointment, Virginia Bar Association Disciplinary Committee (7th District), 2009-2013
• Member, American Bar Association
• Member, National Trial Lawyers
• Member, Norfolk & Portsmouth Bar Association
• Member, The Conference of Railway and Airline Labor Lawyers, 2009-2019
• Member, Virginia Bar Association
• Member, Virginia Employment Law Association