Charleston Employment Law Services for Workers' Rights

Protecting Employees Across West Virginia

Work is an important part of life. It gives some purpose, reinforcement, and focus to each day. We rely on our workplaces not only to promote the best of which we are capable but to protect our dignity and give us a safe place to grow. When workplace safety is compromised, such as in cases of sexual harassment, discrimination, or other unfair practices, it can be nearly impossible to make positive contributions to your company.

At Rod Smith Law PLLC, we help employees whose safety is threatened in the workplace. Our Charleston employment lawyers bring over 25 years of shared experience to stand up for your rights.

Contact a Charleston employment attorney at (304) 406-7076. Our law firm offers free consultations and contingency fee pricing—no fee unless you recover.

Areas of Employment Law We Handle

While criminal proceedings can be obvious when it comes to determining illegal behavior, workplace practices often occupy a gray area. While you may be sure your employer is not treating you the way they should, you will need to build a strong case to prove they are actually in violation of a law or statute. A labor law attorney in West Virginia from our firm can help you go over the details of your case and move forward with a well-constructed accusation.

We help clients dealing with employment matters such as:

• Sexual harassment - Harassment in the workplace can take many forms, from explicit use of language to requests for sexual favors by an employer.
• Retaliation - Actions that employers take against employees who report wrongdoings. This covers a broad range of actions from harassment to improper safety procedures.
• Race discrimination - A form of discrimination that is prohibited by federal law. If you have suffered racial discrimination in a public or private sector, you need to take legal action.
• Pregnancy discrimination - Discrimination can occur in the workplace if a well-qualified pregnant woman is denied a promotion because of her pregnancy. This is a form of discrimination.
• Disability discrimination - Protection from the ADA (Americans with Disabilities Act) makes it illegal for an employer to discriminate against a qualified person with a disability.
• Whistleblower laws - You have the right to protect yourself and reach out to authorities if your employer is engaging in illegal conduct.
• Wrongful termination - If you were fired for an unlawful reason, you may have grounds for a legal action against your employer.

In addition to these claims, we regularly help workers understand how wage and hour rules, medical leave laws, and non-compete or severance agreements affect their livelihoods. Employees in industries throughout Charleston, from healthcare workers at CAMC to staff in downtown offices around the Kanawha County Courthouse, often face complex workplace policies that may conflict with state or federal protections. When you work with an employment lawyer in West Virginia, you have someone to interpret these rules and help you make informed choices about your next steps.

Your Rights as a Worker in West Virginia

In addition to federal law, our attorneys understand the importance of knowing your rights under West Virginia state employment law.

Examples of employment law cases related to the state of West Virginia include:

• Mandatory Overtime - West Virginia regulates mandatory overtime, and nurses in particular are generally not permitted to work more than 16 hours in a day.
• Meal Breaks - In West Virginia, many employees are allowed at least 20 minutes' break time per six consecutive hours worked, with some exceptions.
• Legal Holidays - In addition to most federally recognized holidays, West Virginia also recognizes West Virginia Day on June 20th. 

These are just a few examples of how the state law in West Virginia affects the rights of employees. It's important to reach out to an employment attorney with experience in local laws to go over your case.

Understanding which agency or court will hear your claim is also part of protecting your rights as a worker. Some discrimination and retaliation cases begin with a charge filed at the Equal Employment Opportunity Commission or the West Virginia Human Rights Commission, while wage disputes or contract issues may lead to actions in Kanawha County Circuit Court or other local courts. A labor law attorney can help you decide where to file, when deadlines apply, and how to gather the evidence you need before your employer has a chance to destroy or hide important records.

Choosing the Right Employment Law Attorney

Deciding who to hire to handle your employment claim can feel overwhelming, especially if you are already under stress at work or between jobs. You may be comparing firms online, asking friends for recommendations, or looking at results other employees have obtained in cases like yours. When you look for an employment attorney, it helps to focus on whether the firm has substantial experience with employee-side cases, understands local courts, and is prepared to take on large employers and their insurance companies if settlement talks break down.

Another factor to consider is how the firm structures its fees and communicates with clients over the life of a case. At Rod Smith Law PLLC, we work on a contingency fee basis, which means you do not pay attorney fees unless there is a recovery, and we keep you informed at each stage so you can make decisions based on clear, current information. Because our practice is centered on protecting workers throughout Charleston and the surrounding communities in West Virginia, we are familiar with how judges and juries in Kanawha County and nearby counties view issues like discrimination, retaliation, and wrongful termination.

It can also be helpful to meet with more than one employment lawyer before choosing who to work with, so you can compare how they analyze your case and what strategy they propose. During a free consultation, you can ask about the kinds of cases the firm has handled, the range of outcomes they have seen in similar matters, and how often they appear in courts such as the United States District Court for the Southern District of West Virginia. By taking the time to choose a law firm that aligns with your goals and values, you put yourself in a stronger position to move forward confidently and protect your career.

Building an Effective Employment Case

Knowing labor and employment law does not necessarily win cases—you need the right approach and attitude. With decades of experience representing employees, our lawyers in Charleston understand how to stand strong in defense of your interests.

In many cases, you may be entitled to:

• Lost wages, including unpaid overtime
• Back pay
• Punitive damages
• Pain and suffering
• Emotional distress. Your employer should be aware that their behavior is not only troubling but also illegal. We hope to help our clients obtain compensation for their losses while helping companies make corrections to the way they conduct business.

Will I Lose My Job If I Report My Employer?

Though you may be worried about losing your job as a result of bringing an employment lawsuit against your employer, you are protected by law. Retaliation laws make it so that those who report unlawful behavior by their employer cannot be punished at work as a result.

You have nothing to lose by calling us and finding out more about the legal options you have available. You never know—there may be other employees suffering from the same problems who do not have the strength to stand up for their rights.

Let Us Help You Defend Your Employment Rights in Charleston Today!

At Rod Smith Law PLLC, we offer free consultations and do not collect a fee unless you are able to recover. We want to stand by your side, build a strong case, and help you obtain the best possible outcome for your situation. Our Charleston employment law attorneys can help you understand what you are up against so you can fully prepare for the legal challenges you have ahead.

When you contact a labor attorney at our firm, we will listen carefully to your story, answer your questions about how long a case may take, and outline realistic next steps based on our experience in local courts. Because we work on a contingency fee basis, you can focus on your health and your future while we handle communications with your employer, insurance carriers, and opposing counsel. By choosing an employment law attorney who is committed to employee rights, you take an important step toward holding your employer accountable and moving forward with confidence.

Let us help you stand up for what is right. Call a labor lawyer at (304) 406-7076 or contact Rod Smith Law PLLC online to schedule your free consultation.