Charleston Wrongful Termination Attorney
Charleston WV Employment Law Attorney
The State of West Virginia is considered an “at-will” state when it comes to employment. This means that if the employee is not bound to the company by contract, the employer can release them from their job position for any reason. However, in an effort to prevent discrimination, and in conjunction with Federal Anti-discrimination laws, West Virginia has enacted laws that prevent employees from being terminated for specific reasons. These reasons include:
- Race, color, national origin or ancestry of the employee
- Religious beliefs
- Disability or blindness
- HIV/ or AIDS status
- Age (over 40)
Federal laws also prohibit terminations based on:
- Immigration status
- Genetic information
Under West Virginia law, these laws apply to any and every business that has at least 12 employees.
If your company fires you or releases you from your job position for discriminatory reasons, you have rights under West Virginia and federal law to seek compensation for the financial damages you have received as a result of that firing.
In many cases, you may have additional reasons to seek compensation from your former employer if you have been wrongfully terminated for discriminatory reasons. Civil Rights actions may be applied to your case. You must speak with a Charleston wrongful termination attorney about the events surrounding your firing to determine which laws have been violated and how to proceed with your wrongful termination case.
You must remember, however, that West Virginia is an “at-will” state in terms of employment. This means that the employer has every right to terminate your employment for any reason, or no reason at all. However, the reason that the termination occurs cannot be an act of discrimination.