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 point and leave the employment organization. The only exception to "at-will" employment is that the employment can not be terminated in a manner that breaks the law.
Employment that is not considered "at will" is not subject to the same restrictions, however, and so it is critical to discover whether your employment is so classified. If an employment contract specifying a time for employment is involved for your work agreement, then employment is not "at will", and termination can only be done following the terms of the contract.
What are the Illegal Grounds for Terminating At Will Employment in West Virginia?
Discrimination is the most common unlawful grounds for terminating an employee in West Virginia. Employers are not allowed to terminate an employee because of their race, religion, nationality, or gender. A Dunbar employer also is prohibited from terminating at-will employees as a form of retaliation if the worker has sought an investigation into discrimination or has filed a legal claim for discrimination against the employer.
Additionally, the Family and Medical leave act prohibits employers from firing employees for having taken leave for family or medical reasons. Lastly, employers may not terminate workers who exercise their legal rights, perform a legal obligation, or refuse to commit an illegal act.
Do I Need a West Virginia Attorney for My Wrongful Termination Case?
In Dunbar, West Virginia, a lawyer will be able to notify you about whether you are a victim of wrongful termination, and they will be able to guide you in collecting the necessary documents. Sometimes there can be procedures that are unique, and a lawyer can guide you in these as well.