Ward and Smith, P.A.
Will Oden

Will Oden

North Carolina State Bar Board Certified Specialist in Employment Law, Arbitrator, and Mediator

T 910.794.4813
F 910.794.4877
E wao@wardandsmith.com
O Wilmington, NC

Will has practiced employment law for more than two decades.

Will’s practice experience encompasses various employment and workplace-related counseling and civil litigation areas in both federal and state courts at the trial and appellate levels.  He also regularly represents employers and employees before the United States Department of Labor (USDOL), the Equal Employment Opportunity Commission (EEOC), the Occupational Safety and Health Administration (OSHA), the North Carolina Department of Labor (NCDOL), the North Carolina Industrial Commission (NCIC), the North Carolina Department of Commerce, Division of Employment Security (DES), and federal and state wage and hour divisions.  He is a frequent lecturer and advises clients on a wide range of personnel issues, including Title VII, Family and Medical Leave Act, WARN, COBRA, Americans with Disabilities Act, Age Discrimination in Employment Act, and Fair Labor Standards Act.

Will is a North Carolina State Bar Board Certified Specialist in Employment Law and, since 2013, has been certified as a mediator by the North Carolina Dispute Resolution Commission. Will also serves as an arbitrator on the American Arbitration Association’s (AAA) Employment Law Panel.

Practice Concentrations
  • Employment Contracts, Compensation, and Benefits
  • Employment Discrimination and Harassment
  • Employment Litigation
  • General Counsel
  • Occupational Safety and Health
  • Workers' Compensation
Education
  • J.D., Campbell Law School, 2004. Moot Court, Trial Team, Business Editor and Staff Member, Campbell Law Review.  Honor Court Justice, Moot Court Board.
  • M.B.A., Campbell University, 2004
  • B.A., English and Philosophy, The University of North Carolina at Chapel Hill, 2001
Admitted to Practice
  • North Carolina, 2004
  • All state and federal courts in North Carolina
  • United States Court of Appeals for the Fourth Circuit
  • United States District Court for the Eastern, Middle, and Western Districts of North Carolina
  • United States Supreme Court
  • Virginia, 2018
Honors and Distinctions*
  • “Super Lawyers,” Employment & Labor, North Carolina Super Lawyers, 2020-2026
  • “Best Lawyer,” The Best Lawyers in America®, 2024-2026
  • “Legal Elite Hall of Fame Inductee,” Business North Carolina, 2025
  • “Legal Elite,” Business North Carolina, Employment, 2017-2025
  • “Employment Law Power List,” NC Lawyers Weekly, 2024-2025
  • “Leaders in the Law,” NC Lawyers Weekly, 2024
  • “Labor and Employment Star,” Benchmark Litigation, 2018-2024
  • Citizen Lawyer Award Recipient, North Carolina Bar Association, 2019
  • “40 and Under Hot List,” Benchmark Litigation, 2017-2019
  • “Rising Star,” North Carolina Super Lawyers, 2013-2018
  • North Carolina Bar Association, Leadership Academy, Class of 2014
  • Greater Wilmington Chamber of Commerce, Leadership Wilmington Alumnus, Class of 2010
Representative Experience
  • Obtained dismissal in federal Medicare Secondary Payer Act case stemming from an occupational disease workers’ compensation case
  • Successfully resolved class action wage and hour lawsuit, representing large, multi-state franchisee of a national restaurant chain
  • Routinely drafts employment agreements, independent contractor agreements, employee handbooks, employer policies and programs (including safety and health programs), orientation and training materials, and advises clients on employment law, occupational safety and health, and workers’ compensation issues
  • Representation of utility contractors, dental practices, construction companies, and telemarketing clients (to name a few) in regard to federal wage and hour audits and investigations
  • Representation of the largest mining operation in North Carolina with 1,000+ employees in regard to employment and workers’ compensation matters, OSHA and MSHA investigations, citations, and penalties, and contesting same, taproot investigations, and other safety and health issues
  • Representation of employer in successful defense of complex occupational disease and occupational exposure workers’ compensation cases involving alleged exposures to asbestos, silica, chemicals, noise, etc.
  • Representation of builders, medical/dental practices, insurance brokerages, and CPA firm clients (by way of example) in regard to the creation, prosecution, and defense of covenants against competition
  • Serves as mediator and arbitrator for other attorneys and their clients in employment and workers’ compensation cases
Professional and Community Affiliations
  • American Bar Association — Law Student Division: Lt. Governor of ABA Law School Representatives, 4th Circuit, Fall 2003 – Spring 2004; Chapter President, Spring 2003-2004; Vice President, Fall 2002 – Spring 2003
  • American Arbitration Association, Employment Law Panel Member
  • Center for Innovation and Entrepreneurship (inaugural member, Advisory Board)
  • Campbell Law Alumni Association (founding member, Board of Directors, 2016-2017)
  • Craven County Bar Association (President 2006-2007, Vice president, Treasurer, Secretary 2005-2006)
  • Fifth (now Sixth) Judicial District Bar Association (Director 2015-2016; Vice President 2016-2017)
  • Lower Cape Fear Human Resource Association (Board Advisor 2012 – 2014; President 2011; Vice President 2010; Legislative Chair 2009; HR Roundup Editor 2009-2011)
  • New Hanover County (member, Cape Fear Museum Advisory Board; former member, Industrial Facilities and Pollution Control Financing Authority)
  • New Hanover County Bar Association (member, Board of Directors; Secretary/Treasurer 2010-2011; Vice President 2011-2012; President 2012-2013)
  • North Carolina Bar Association (Board of Governors, 2022-2025; Executive Committee, 2023-2025; Governance Committee, 2022-2025; Nomination Committee, 2022-2025; Talent Development Committee, 2023-2025)
  • North Carolina Bar Association — Committees: Membership Committee (2018-2022); Annual Meeting Committee (Chair, 2021-2022; Member 2019-2022);  Citizen-Lawyer (Member Appointment 2012-2015); Local Bar Services (Member Appointment 2012-2015; Committee Chair 2015); Local Bar Outreach Committee (Committee Co-Chair 2016);
  • North Carolina Bar Association — Division: Young Lawyers (Judicial Representative for District 3B 2005-2006)
  • North Carolina Bar Association — Sections: Construction Law, Board Liaison; Dispute Resolution (Chair, 2023-2024; Vice-Chair, 2022-2023; Treasurer, 2021-2022; Secretary, 2020-2021; Section Council, 2017-2024); Education Law; Labor and Employment Law (former Section Council member; former contributing writer, Labor and Employment); Litigation; Workers’ Compensation
  • North Carolina Bar Foundation (Board of Directors, 2022-2025; Strategic Planning Committee Chair, 2024-2025)
  • North Carolina Society for Human Resource Management (NCSHRM) (former member, Leadership Council 2011-present; former Government Affairs Co-Chair)
  • North Carolina State Bar Disciplinary Hearing Commission (2021-present)
  • North Carolina State Bar Board of Legal Specialization, Employment Law Specialty Committee, Co-Vice Chair, 2024-2027
  • Safety and Health Council of North Carolina (member, Board of Directors; Legal Counsel)
  • Society for Human Resource Management (SHRM)