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 essential 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 a West Virginia at-will employment, discrimination is the most common unlawful ground for terminating an employee. Termination by an employer cannot be done on the basis of race, nationality, gender, or religion. Employers in Weston may also not terminate at-will employees as an act of retaliation if they have filed a legal discrimination claim or initiated an investigation into discrimination.
Also, the Family and Medical leave act prohibits employers from firing employees for having taken leave for family or medical reasons. 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?
Local Weston, West Virginia lawyers can thoroughly 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.