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Employment Offer: West Virginia

Employment Offer requirements for other states

Federal law and guidance on this subject should be reviewed together with this section.

Author: Eric E. Kinder, Spilman Thomas & Battle, PLLC

Summary

  • If the employment relationship is at-will, the written offer should include a provision indicating that the employment is at-will and an acknowledgement of the at-will relationship to be signed by the employee. See Making Employment Offers.
  • Lifetime employment contracts must be expressed in clear and unequivocal terms. See Lifetime Employment Contracts.
  • If an employment offer is conditioned on the applicant completing a course of instruction and an agility test, participation in the test constitutes acceptance of the offer. See Conditional Employment Offers.
  • Private employers may condition employment on the results of a drug test given to applicants after an employment offer has been made. See Conditional Employment Offers.
  • Neither the West Virginia Legislature nor the West Virginia courts have addressed the issues of rescinding offers of employment or detrimental reliance on an offer of employment. See Withdrawing an Employment Offer.