Kelby focuses his practice on labor and employment law and has guided companies through multiple employment and general litigation issues.

In his practice, he has handled dozens of cases involving allegations of discrimination under the West Virginia Human Rights Act, including allegations of age, race, gender and disability discrimination, and has represented banks, restaurants, coal companies, oil and gas companies and Fortune 500 companies. He also regularly represents and counsels employers regarding hiring and firing issues, disciplinary issues, workers’ compensation issues and employment policies and procedures, including employment handbooks. He has significant experience defending employers against deliberate intent claims. In addition to the circuit courts in West Virginia, he has practiced before the Fourth Circuit Court of Appeals, the West Virginia Human Rights Commission and the West Virginia Unemployment Compensation Board of Review.

Kelby also has significant experience defending mine companies in Mine Safety and Health Administration (MSHA) matters. His experience includes guiding companies through the MSHA citation process, including 104(a) and 104(d) citations. With a thorough knowledge of the mining industry, encompassing both surface and underground operations, he is adept at researching and analyzing the facts of a case before crafting a strategy that meets his client’s needs. He works quickly and efficiently to examine all facets of the case, and has spent significant time on site at mines, enabling him to gain a unique perspective into mine safety matters. He has successfully secured hundreds of settlements for his clients, and has successfully defended mine operators before Administrative Law judges. Kelby also represents and counsels mining clients in 105(c) discrimination claims and investigations conducted by the United States Department of Labor.

Bar Admissions

West Virginia

West Virginia Supreme Court of Appeals

U.S. Court of Appeals for the Fourth Circuit

U.S. District Court for the Southern District of West Virginia

Education

• Ohio Northern University, Claude W. Pettit College of Law (J.D., with distinction, 2010)
  • Ohio Northern University Law Review, associate editor
• University of Charleston (B.A., cum laude, 2007)
  • Psychology

• Difference Maker Award in Honor of Alice J. Neeley (2014)
• West Virginia Rising Stars^® 
• Best Lawyers^® 
  • Employment Law - Management (2021-2024)

• West Virginia State Bar Association
• Defense Research Institute