Employment At-Will: West Virginia
Federal law and guidance on this subject should be reviewed together with this section.
Author: Eric E. Kinder, Spilman Thomas & Battle, PLLC
- Employment relationships in West Virginia are presumed to be at-will, meaning the employment relationship can be terminated by either party, at any time, with or without cause. See The At-Will Relationship.
- West Virginia recognizes limited exceptions to the at-will presumption, including written and implied contracts and public policy exceptions. See Employment At-Will Exceptions.
- At-will employees in West Virginia challenging a discharge may file claims against their employers under tort theories, including intentional infliction of emotional distress and defamation, so long as the plaintiff-employee is able to satisfy an evidentiary burden. See Tort Considerations.