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Involuntary Terminations: West Virginia

Involuntary Terminations 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

  • When employers alter the at-will nature of employment, either expressly or inadvertently by verbal promises, written provisions of employee handbooks or common practices, they may have to show "just cause" prior to terminating contractual employees. See Terminations for Cause.
  • The West Virginia Whistle-Blower Law protects certain employees who make good faith complaints about wrongdoing or waste. See West Virginia Whistle-Blower Law.
  • There are statutory protections for employees who make complaints about wage and hour conditions. See Wage and Hour Complaint Protections.
  • The West Virginia Occupational Safety and Health Act ("WVOSHA") prohibits retaliation against employees who file complaints with the OSHA Commissioner or participate in investigations or hearings. See West Virginia Occupational Safety and Health Act.
  • The Miners' Health, Safety, and Training chapter of the West Virginia code includes protections for miners who report violations of the code or other, imminent dangers. See Miners' Health, Safety, and Training Anti-Retaliation Provisions.
  • Though West Virginia does not have its own version of the federal WARN Act, state law requires certain public sector employers to have measures in place to handle large layoffs, reductions in force or plant closings. See Layoffs, Reductions in Force and Plant Closings.
  • Health care workers who make or plan to make good faith reports of wrongdoing or waste are protected from discrimination and retaliation by the employer. See The Patient Safety Act.