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. 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 procedures.
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 barred from terminating their employees on the basis of race, gender, religion, or nationality. South Charleston employers are further barred from firing at-will employees in order to retaliate against them for filing a legal discrimination claim or initiating an investigation of discrimination.
Moreover, the Family and Medical Leave act makes it illegal for employers to terminate any of their employees who have taken leave based upon family or medical needs. Lastly, employers are prevented from terminating an employee because they have exercised a legal right, performed a legal obligation, or have refused to do something that is illegal.
Do I Need a West Virginia Attorney for My Wrongful Termination Case?
Attorneys in South Charleston, West Virginia may be able to inform you as to whether a wrongful termination has occurred, and can assist you in preparing the required documents for your case. There may also be unique or unfamiliar procedures, and an attorney can guide you through these as well.