Mark J. McGhee is Senior Counsel in Tucker Arensberg's Charleston office whose practice focuses on civil rights defense, management-side employment defense, personal injury and premises liability defense, consumer warranty defense, and appeals. With 24 years of litigation experience, Mark represents employers, businesses, manufacturers, law enforcement and correctional officers, and government agencies in state and federal courts throughout West Virginia.

Mark defends employers against discrimination, harassment, retaliation, leave, and wage claims under Title VII, the ADA, the FMLA, the FLSA, and the West Virginia Human Rights Act, before the courts, the West Virginia Human Rights Commission, and the EEOC. He also helps employers prevent claims. He conducts workplace investigations into harassment, discrimination, and misconduct complaints, drafts employee handbooks and workplace policies, and advises on terminations, discipline, separation agreements, accommodations, leave, and drug testing so employer decisions hold up if challenged.

Mark also defends law enforcement officers, correctional officers, and public officials facing civil rights claims, where an accusation alone can threaten a career. He defends businesses and their insurers against personal injury, premises liability, and products liability claims, and he has served as West Virginia warranty defense counsel for a national automotive manufacturer, handling claims under the Magnuson-Moss Warranty Act, the West Virginia lemon law, and related consumer protection statutes.

Clients appreciate Mark's honest, practical approach. He prepares a detailed assessment early, tells clients what the case is worth, and builds strategy around their goals rather than prolonging litigation. He believes employers and public employees who make hard decisions under pressure deserve a strong defense, and he works to protect both their rights and their reputations.

An experienced trial and appellate lawyer, Mark has tried cases to verdict and handles his own appeals at all levels.

Mark earned his J.D. from the University of New Hampshire School of Law and his M.A. and B.A. from Morehead State University. He is admitted to practice in West Virginia, the United States District Courts for the Northern and Southern Districts of West Virginia, and the United States Court of Appeals for the Fourth Circuit.

Outside the office, Mark enjoys traveling, live music, and collecting books, and he is an avid fan of WVU athletics and the Cincinnati Bengals.

• Won a full defense verdict at trial for a state agency employer and its employee in a sexual harassment case in Kanawha County.
• Compelled individual arbitration of an FLSA wage-and-hour class and collective action against a multistate restaurant franchisee.
• Conducts workplace investigations and drafts employee handbooks and policies for employers across West Virginia.
• Won dismissal and summary judgment for correctional officers, regional jail leadership, and city officials, including a mayor, in federal civil rights cases.
• Defended businesses and insurers in catastrophic injury, premises liability, and products liability cases with exposure exceeding $1 million.
• Managed a statewide docket of more than 40 warranty and lemon law claims for a national automotive manufacturer.
• Won appellate affirmances in the U.S. Fourth Circuit, Supreme Court of Appeals of West Virginia, and the Intermediate Court of Appeals.

• Bailey v. Woomer, 2026 WL 895704 (W. Va. Ct. App. 2026)
• Meeks v. McClung, 2023 WL 8791686 (S.D. W. Va. 2023)
• McCumbee v. M Pizza, Inc., 2023 WL 2725991 (N.D. W. Va. 2023)
• Walton v. Shiflet, 2021 U.S. Dist. LEXIS 139021 (N.D. W. Va. 2021)
• Brinegar v. Lumpbert, 2020 WL 4355646 (W. Va. 2020)
• Manns v. Preece, 2020 WL 1487820 (W. Va. 2020)
• Brown v. King, 2012 WL 7657901 (N.D. W. Va. 2012)

• National Employment Law Institute – Employment Law Training