Being terminated from your job is never easy, but it becomes especially challenging when you suspect your termination was unfair or illegal. West Virginia, like many states, operates under “at-will” employment laws, meaning employers can terminate employees for almost any reason. However, there are important exceptions designed to protect employees from wrongful termination.
If you believe you were terminated unfairly, understanding your rights is the first step toward protecting yourself and taking the appropriate action.
What Is Wrongful Termination?
Although West Virginia is an at-will employment state, which generally allows employers to terminate employees for any reason or even no reason at all, there are protections in place to prevent unethical or unlawful firings. Wrongful termination occurs when an employer violates state or federal laws or breaches the terms of an employment contract when firing an employee.
Here are some of the most common examples of wrongful termination in West Virginia based on these exceptions:
- Discrimination
State and federal laws prohibit terminating someone on the basis of race, color, national origin, gender, age, religion, disability, pregnancy, or other protected characteristics. Terminating someone for such reasons violates the Civil Rights Act, the Americans with Disabilities Act (ADA), and other anti-discrimination laws.
- Retaliation
Employees cannot be fired for legally protected activities, such as reporting workplace harassment, filing whistleblower complaints, or bringing up violations of labor laws. If you’ve been dismissed after standing up for your rights, that may constitute retaliation.
- Breach of Contract
If you signed an employment contract guaranteeing job security or outlining specific reasons for termination, your employer must adhere to those terms. Violating the contract could be grounds for a wrongful termination claim.
- Violation of Public Policy
West Virginia recognizes the public policy exception to at-will employment. Employees cannot legally be terminated if the firing violates public interest, such as being dismissed for refusing to engage in illegal activity or for fulfilling jury duty obligations.
Steps to Protect Yourself After Being Terminated
If you suspect your firing was unlawful, taking the right steps early can significantly strengthen your case.
- Stay Calm and Gather Information
While it’s natural to feel upset, it’s important to stay composed. Gather any documentation or communication that supports your claim of wrongful termination, such as performance reviews, emails, text messages, or memos from your employer.
- Request a Termination Letter
Ask your employer to provide a written explanation of why you were terminated. This letter can serve as evidence when building your wrongful termination case.
- Document Everything
Write down detailed notes about the events leading up to your termination, including instances of discrimination, retaliation, or breaches of contract. Documentation can provide crucial evidence for your claim later on.
- Check for Violations of Company Policy
Review your employee handbook to determine if your termination breached any company policies. This will help uncover inconsistencies in how your case was handled compared to company procedures.
- Consult an Employment Attorney
Wrongful termination cases are legally complex. Working with a skilled employment attorney ensures your case is handled properly and maximizes your chances of receiving compensation or other remedies.
How to Protect Yourself Moving Forward
Even if you’re currently employed, it’s important to proactively safeguard your rights in the workplace to prevent potential wrongful termination issues in the future.
- Know Your Employee Rights
Familiarize yourself with federal laws like the Family and Medical Leave Act (FMLA), the ADA, and state laws specific to West Virginia to understand what protections apply to you as an employee.
- Document Workplace Incidents
Keep records of anything that could be tied to unlawful behaviors, like harassment or discrimination. These records can serve as evidence if an issue arises.
- Keep Copies of Employment Records
Save documents such as contracts, job descriptions, and performance reviews in a secure, personal location. They can help prove your case down the line if needed.
- Avoid Retaliation Risks
If you raise concerns in your workplace, follow your company’s procedures and document every step you take. This can protect you if your employer attempts to retaliate.
Take Action Against Wrongful Termination
Losing your job under unfair circumstances can feel overwhelming—but there are legal actions you can take. If you believe you’ve been wrongfully terminated in West Virginia, consulting with an employment attorney is the most important step you can take.
At Rod Smith Law PLLC, we’re here to help you understand your rights, protect your interests, and seek justice. Our attorneys understand the injustice and impact of wrongful termination. With more than 25 years of experience in employment law in West Virginia, we are committed to helping you.
Schedule a free consultation today at (304) 406-7076 to start building your case and reclaim your rights.