Tom Shumaker

Of Counsel

Offices: Norfolk | Richmond

Direct: 757-678-8687

Fax: 757-678-8685

tshumaker@ohaganmeyer.com

  • Professional Overview
    Mr. 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, Mr. Shumaker 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. Mr. Shumaker 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, Mr. Shumaker’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.

    Shumaker’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.

    Mr. Shumaker 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.

    Mr. Shumaker received his B.S. in mechanical engineering, cum laude, from the United States Naval Academy in 1986, where he was a collegiate swimmer and recipient of the Arleigh Burke Scholarship. He received his J.D., cum laude, from the University of Pittsburgh School of Law in 1994, where he served as Executive Editor of the University of Pittsburgh Law Review and President, Phi Alpha Delta. He is a 2012 graduate of the Executive Leadership Series, University of Virginia Darden School of Business and a 2008 graduate of Lead Virginia
  • Practice Areas
  • Education and Admissions

    Education

    • B.S. from the United States Naval Academy, cum laude.
    • J.D. from the University of Pittsburgh, cum laude.
    • Graduate from the Executive Leadership Series from the University of Virginia Darden School of Business.

    Admissions

    • United States District Court for the Eastern District of Virginia
    • United States District Court for the Western District of Pennsylvania
    • United States Court of Appeals for the Third Circuit

    States Licensed

    • Virginia
  • Professional Organization Memberships
    • American Bar Association
    • Virginia Bar Association
    • Norfolk & Portsmouth Bar Association
    • National Trial Lawyers
    • Virginia Employment Law Association
    • The Conference of Railway and Airline Labor Lawyers  2009-2019
    • Board Member: American Red Cross, Eastern VA  2010-2019
    • Disaster Response Team Volunteer: American Red Cross, Eastern VA  2019-2021
    • Appointment, Virginia Bar Association Disciplinary Committee (7th District) 2009-2013
    • Treasurer, Virginia Beach Swim League, Virginia Beach, VA 2007-2011
    • American Inns of Court, Hampton Roads Chapter  2006-2010
    • Councilman, Allegheny County Council, Pittsburgh PA   2000 to 2005
    • Board Member: Soldiers and Sailors Memorial Hall, Pittsburgh, PA  2000-2003
    • Board President: Pine-Richland Opportunities Fund  1998-1999
    • American Inns of Court, Western Pennsylvania Chapter 1996-1998
  • News, Honors, Publications & Speeches
    Distinctions
    • AV Preeminent® Rating by Martindale-Hubbell
    • Virginia Business Employment Law "Top Lawyer" 2022
    • National Trial Lawyers “Top 100” Civil Plaintiff 2022-2025
    • Expertise “Best Employment Lawyers in Virginia Beach” 2021
    • Avvo “Top Attorney” 10/10 Client Rating 2021
    Publications & Speeches
    • 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.
    • Speaker, “"Leave Issues under the FFCRA, FMLA, and ADA.” 51st Annual VBA Labor & Employment Law Conference, Virginia Beach, VA., October 2, 2021
    • 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.