New Termination Pay Requirements Effective Soon in West Virginia

Author: Rena Pirsos, XpertHR Legal Editor

June 18, 2013

Employers in West Virginia must comply with important changes that have been made to the state termination pay law starting July 12, 2013. +2013 W.V. SB 355. Involuntarily terminated employees must be paid their final wages no later than the next regular payday, or within four business days of termination, whichever comes first. Current law requires payment within 72 hours. Business day is defined as any day other than Saturday, Sunday or a legal holiday under state law. The final payment must be sent by mail if requested by the employee.

Employees who are suspended as a result of a labor dispute also must be paid their final wages by mail should they request it.

In addition, an employee who quits must give the employer at least one pay period's written notice if he or she wants to be paid final wages on the last day of work. Under current law, the notice does not need to be in writing.

Additional Resources

Organizational Exit > Organizational Exit Overview

Labor Relations > Labor Relations Overview