Charleston Wrongful Termination Attorney
Legal Support for Unlawful Termination Claims in West Virginia
If you were fired for an unlawful reason, you may have grounds for legal action against your employer. At Rod Smith Law PLLC, our attorneys understand the injustice of wrongful termination and are here to help make things right.
When you reach out to our office, we can review the facts of your termination, examine documents such as handbooks, emails, or performance reviews, and help you understand whether your firing violated West Virginia or federal law. Our Charleston wrongful termination lawyers can also explain how these cases typically proceed in the Kanawha County courts and what kinds of compensation may be available based on your specific situation. We take the time to answer your questions so you can make informed decisions about your next steps.
Our Charleston wrongful termination lawyers have helped countless clients throughout Morgantown and all of West Virginia address and resolve employment violations. With our more than 25 years of experience in the practice of employment law, we have what it takes to help you seek the justice you deserve.
Were you fired illegally in Charleston, West Virginia? Learn your legal options by calling (304) 406-7076 or reaching out to us online.
Understanding Wrongful Termination Laws in WV
Like many other states, West Virginia is known as an “at-will” state with regard to employment. This means if you are not formally contracted to your employer, you can be terminated for any reason or without reason. However, you cannot be terminated for unlawful reasons.
West Virginia law prohibits employers from firing you on the basis of:
- Your race, color, national origin
- Your sex
- Your religion
- Disability
- Your age
- Pregnancy
Federal laws also prohibit employers from firing you based on your immigration status or genetics. Other wrongful terminations may be based on violating your contract, retaliating against you for discriminatory actions, reporting safety violations, wage and hour violations, whistleblowing activities, or firing you for taking time off for which you have a legal right.
If you are fired based on any of the above, you can file a claim against the employer seeking financial damages such as back pay, court costs, legal fees, and possibly punitive damages. Rod Smith Law PLLC can help.
Steps To Take After a Suspected Wrongful Termination
After losing a job, it can be hard to know what to do first, especially if you believe the firing was illegal. Taking practical steps early can protect your rights and preserve your ability to pursue a claim. Different federal and West Virginia laws may also have specific filing deadlines, making prompt action important.
Consider taking these steps after a suspected wrongful termination:
- Preserve evidence: Gather pay stubs, performance evaluations, emails, text messages, write-ups, and contact information for coworkers who witnessed relevant events.
- Create a timeline: Write down important dates, conversations, complaints you made, and the reason your employer gave for the termination while the details are fresh.
- Avoid signing documents immediately: Before signing a severance agreement, release, or other document from your employer, make sure you understand what rights you may be giving up.
- Seek legal guidance: A wrongful termination lawyer in Charleston can review the circumstances, explain your options, and help determine what additional records may be needed.
- Understand potential deadlines: An attorney can help identify applicable federal or state filing deadlines and explain which procedures may apply to your situation.
Taking these steps early can help preserve important evidence and give you a clearer understanding of your options after losing your job.
Why Choose Rod Smith Law PLLC for Your Case
Wrongful termination can be difficult to prove, and the burden of proof will be on you as the employee. You may be facing an employer with many more resources than you have in terms of finances, in-house legal staff, and more. To level the playing field, you need experienced and tenacious legal representation. Our Charleston team has taken on all sizes and types of employers who have violated state and federal law. We know what to do and how to fight back. Call now.
When you work with a wrongful termination lawyer at our firm, we can gather evidence such as witness statements, internal company records, and prior complaints to build a detailed picture of what happened leading up to your firing. We are familiar with how employers in and around Charleston, including those with locations near the Robert C. Byrd United States Courthouse, defend these cases, and we prepare accordingly so that your side of the story is fully presented. Our goal is to pursue a result that helps you move forward, whether that involves negotiating a fair settlement or taking your case to trial.
Contact Rod Smith Law PLLC to fight your wrongful termination at (304) 406-7076. We have convenient office locations in Charleston and Morgantown.