Wrongful Termination in West Virginia: Your Rights
Understanding wrongful termination protections in West Virginia. This guide covers at-will exceptions, protected classes, whistleblower protections, and how to file a claim.
Data last updated: Jan 15, 2025Key Takeaways
- At-will employment: Yes.
- Public policy exception: Recognized.
- Implied contract exception: Recognized.
- Filing deadline: 365 days for WVHRC complaints; 300 days for EEOC (dual filing).
At-Will Employment in West Virginia
West Virginia is an at-will employment state. Employers can terminate employees for any lawful reason or no reason at all.
Recognized Exceptions
- Public policy
- Implied contract
- Statutory protections (WVHRA)
Protected Classes
In addition to federal protections, West Virginia prohibits employment discrimination based on:
- Race
- Color
- Religion
- Sex
- National origin
- Ancestry
- Age (40+)
- Disability
- Blindness
Whistleblower Protections
West Virginia Whistle-Blower Law provides protections for employees who report employer wrongdoing.
Filing a Claim
Back pay, front pay, compensatory and punitive damages, and attorney fees.
West Virginia Human Rights Commission (WVHRC) website
Related Resources
Frequently Asked Questions
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What is the West Virginia Human Rights Act?
The WVHRA prohibits employment discrimination and applies to employers with 12 or more employees.
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Does West Virginia protect sexual orientation?
Not under state law. Some municipalities like Charleston and Huntington have local non-discrimination ordinances.
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How long do I have to file in West Virginia?
You have 365 days to file with the West Virginia Human Rights Commission.
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What is unique about West Virginia's public policy exception?
West Virginia has a broad public policy exception under the Harless v. First National Bank doctrine, which covers terminations that violate established public policy.