West Virginia Wrongful Termination Laws

There is no excuse for an employee suffering silently as a result of wrongful termination or job discrimination in today’s society, since there are numerous federal and state laws protecting employees from such violations. The primary federal legislation is found in the Federal Labor Standards Act of 1938 and the Civil Rights Act of 1964. However, West Virginia has additional state laws that modify its “at will” status, limiting the right of every employee and employer to terminate an employment relationship for any reason. The exceptions are found in state and federal laws, which also provide legal measures for employees to reclaim lost income, damages, and other remedies for abuses.

West Virginia’s Specific Labor Laws

West Virginia’s state labor laws are not extensive, but they are powerful protections for its citizens in the workforce:

Benefit	State Law	Additional Benefits
Right to Work	No
State Minimum Wage	$7.25; applies to employers with 6 or more employees at one site that are not covered by FLSA	Maximum tip credit, 20%; minimum cash wage for tipped employee, $5.24
State Military Leave	Yes	Employees on active duty in the organized militia are guaranteed the same leave and reinstatement rights as those found USERRA
Jury Duty	Yes	Unpaid leave; discrimination or termination for serving are prohibited
Voting	Yes	Paid time off, if required, and if employee votes; employer must schedule work hours to allow enough time to vote, generally 3 hours; not required if employee has 3 nonwork hours when polls are open; employee must request leave in writing at least 3 days before election
Garnishment	Yes	Employer fee, $1 for each child support order; termination or discrimination for spousal support orders is prohibited (no number specified)
State Family & Medical Leave	No
Arrest & Conviction Records	Yes	Employer inquiries only permitted concerning convictions relevant to job; conviction cannot necessarily bar employment
Discrimination	Yes	For 12 or more employees; for age (40 or older); national origin; disability (physical or mental); AIDS/HIV; gender (equal pay provisions apply to employers with 1 or more employees); race; religion; smoking away from work
Whistleblower	Yes	For public employees; employer cannot terminate, discriminate, or retaliate against employee for reporting violations
Plant Closings	No

*These laws change often, so consult local statutes for the most up-to-date information.

West Virginia Discrimination Laws

State laws provide guidelines by which employees who have been victimized by employers and suffered wrongful termination or discrimination find resolution and remedies:

The West Virginia Human Rights Commission provides information, support, and legal representation to employees who have faced discrimination on the job, as do employee rights lawyers who can help employees file civil actions.
State law allows those employees whose discrimination claims or civil suits are victorious to claim attorney’s fees from the defendant.
State agencies must be sure to file all claims before the 1-year statute of limitations runs out, and employee rights lawyers must file civil actions before their 2-year deadline.

Filing a Claim for Wrongful Termination

Employees may begin the legal process by filing a claim with state agencies or a civil suit through an employee rights lawyer. The first effort may be to attempt mediation or negotiation for a settlement out of court. However, if that fails, the case may need to go to civil court for adjudication.

Legal Remedies for Wrongful Termination

The specific remedies state agencies and employee rights attorneys may pursue through the legal process include one or more of these resolutions:

Injunctive relief in the workplace
Reinstatement of benefits and position
Lost wages
Compensation for stress and suffering
Punitive damages
Attorney’s fees and court costs

Employee relief under West Virginia laws doesn’t stop there; there are also penalties employers may suffer for specific violations under state statutes:

Jury duty – contempt of court, with fines of $100 to $500, liable for reinstatement, lost wages, and attorney’s fees.

Garnishment – penalties in relation to child support withholding, wrongful termination or discrimination violations are misdemeanors, with fines of $500 to $1,000

Whistleblower – civil fines of up to $500, elected or appointed public officials who commit violations with intent to discourage disclosure, suspension for up to 6 months

With all of these options available to employees suffering from wrongful termination or discrimination on the job, it is only a question of finding the right legal representative, either in a state agency or in an employee rights law firm, who will take the time to thoroughly understand their case and pursue it until their rights are honored and compensation is won.