When is a Job Termination Considered Wrongful in West Virginia?
Most employment is labeled as "at-will" in the state of West Virginia. This means that an employer or employee is free to end the work relationship at any time and leave the employment organization. The only exception to this are reasons that the law has specifically outlined as impermissible to use as a basis for employee termination.
It is important that you find out what type of employment your work is classified as, because employment that is not considered to be "at will" is subject to different restrictions. Work arrangements that are based on an employment contract are often not "at will", and so they cannot be terminated except according to the contract provisions.
What are the Illegal Grounds for Terminating At Will Employment in West Virginia?
In the state of West Virginia, employee discrimination is the most common illegal ground for termination in an at-will employment. Employers are prohibited from terminating their employees on the basis of race, gender, religion, or nationality. An employer in Clarksburg also cannot fire at-will employees in retaliation for the employee filing a claim for discrimination or seeking an investigation of discrimination against the employer.
Furthermore, according to the Family and Medical leave, employers are prohibited from firing employees who take leave for family or medical purposes. Lastly, employers cannot fire employees who are simply exercising a legal right, performing an obligation under law, or refusing to do an illegal act.
Do I Need a West Virginia Attorney for My Wrongful Termination Case?
A local Clarksburg, West Virginia attorney can better inform you about whether a wrongful termination has occurred, and will also help in gathering the appropriate documents for your case. There may also be unique procedures that an attorney can shepherd you through.
