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 "at-will" employment is that the employment may not be terminated in a manner that violates the law.
Employment that is not considered "at will" is not subject to the same restrictions, however, and so it is important to discover whether your employment is so classified. In general, employment that is subject to a set period employment contract is not considered to be "at will", and termination can only happen in accordance with procedures outlined in the contract.
What are the Illegal Grounds for Terminating At Will Employment in West Virginia?
Regarding terminating a West Virginia employee, discrimination is the most common illegal reason. An employer may not fire an employee just because they are of a certain race, religion, gender, or nationality. Parkersburg employers are further prohibited from firing at-will employees in order to retaliate against them for filing a legal discrimination claim or initiating an investigation of discrimination.
Also, the Family and Medical leave act prohibits employers from firing employees for having taken leave for family or medical reasons. 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?
Local Parkersburg, West Virginia lawyers can properly inform you regarding whether a wrongful termination has in fact occurred. They can also help you gather the necessary documents for your case, and can guide you through any procedures that may be unique or unfamiliar.
