Morgantown Employment Law Lawyer

Morgantown Employment Law Serving Families Throughout West Virginia

Employment Law Representation for Morgantown & Monongalia County Workers

If you’re facing discrimination, harassment, retaliation, or wrongful termination at work, Rod Smith Law PLLC is ready to stand up for you. Our Morgantown office serves workers throughout Monongalia County and across West Virginia, and we represent employees only, not employers. With over $100 million recovered in verdicts, judgments, and settlements for West Virginia workers, we bring real trial depth to every case we accept.

We offer free consultations and work on a contingency fee basis, meaning you pay nothing unless we recover for you. Whether your matter resolves through negotiation or requires litigation, we’re prepared to take it all the way.

Employment violations can carry strict filing deadlines. Call (304) 406-7076 to speak with a Morgantown employment attorney today.

Employment Law Cases We Handle in Morgantown, WV

We handle the full range of workplace disputes that affect employees in Morgantown and throughout West Virginia. Violations can hit workers in every industry, from healthcare and education to energy, service, and public sector employment.

Sexual Harassment & Hostile Work Environment: We’ve recovered over $10 million for sexual harassment victims in West Virginia, handling both quid pro quo and hostile work environment claims.
Race Discrimination: Claims under Title VII of the Civil Rights Act and the West Virginia Human Rights Act for race-based treatment in hiring, promotion, pay, or termination.
Pregnancy Discrimination: Protection for employees treated adversely because of pregnancy, childbirth, or related medical conditions.
Disability Discrimination: Claims under the Americans with Disabilities Act (ADA) and state law for failure to accommodate or discriminatory treatment.
Age Discrimination: Representation for workers 40 and older under the Age Discrimination in Employment Act (ADEA).
Wrongful Termination: Terminations based on a protected characteristic or in retaliation for exercising a legal right, even in an at-will employment state.
Retaliation: Protection for employees who reported misconduct, filed a complaint, or exercised rights under the FMLA or Workers’ Compensation Law.
Whistleblower Claims: Representation for employees who refused to participate in unlawful conduct or reported employer wrongdoing.
Wage Theft & Wage Disputes: We’ve recovered over $5 million for thousands of West Virginia workers in wage theft cases. Rod Smith has been appointed class counsel in more than a dozen wage and hour cases.
Severance Pay Disputes: Review and negotiation of severance agreements and separation terms.

Why Morgantown Workers Choose Rod Smith Law PLLC

Rod Smith’s credentials are among the strongest in West Virginia employment law. He has been selected to Super Lawyers every year since 2018, a recognition given to the top 5% of attorneys, and was named Lawyer of the Year by Best Lawyers in 2023 for employment law on behalf of individuals. He is recognized by the National Trial Lawyers Top 100, holds membership in the Multi-Million Dollar Advocates Forum, and is a Masters Graduate of the Keenan Trial Institute.

Rod Smith previously served as a law clerk for the Honorable Joseph R. Goodwin of the U.S. District Court for the Southern District of West Virginia and is licensed to practice in the U.S. District Court for the Northern District of West Virginia, which covers Morgantown employment matters filed in federal court. That combination of courtroom experience and federal court familiarity can make a real difference when a case demands litigation.

Our no-win, no-fee structure removes the financial barrier that keeps many workers from pursuing valid claims. We represent the people employers expect to give up, and we give them a real fight.

West Virginia Employment Law: What Protects Morgantown Workers

West Virginia is an at-will employment state. That means an employer can generally terminate an employee for any reason or no reason, but not for an illegal reason. Discrimination, retaliation, and violations of legally protected rights are all actionable even within an at-will framework.

The West Virginia Human Rights Act prohibits discrimination based on race, religion, color, national origin, ancestry, sex, age (40 and above), blindness, and disability. Federal law layers additional protections on top of those: Title VII of the Civil Rights Act covers race, color, religion, sex, and national origin; the ADA covers disability; the Age Discrimination in Employment Act (ADEA) covers workers 40 and older; and the Family and Medical Leave Act (FMLA) protects employees who take qualifying medical or family leave.

Retaliation claims arise when an employer takes an adverse action against an employee for complaining about discrimination or harassment in good faith, or for exercising rights under laws such as the FMLA or West Virginia Workers’ Compensation Law. Whistleblower protections apply to employees who refuse to participate in unlawful conduct, report employer wrongdoing, or refuse to testify untruthfully in legal proceedings.

Employment claims may be filed through the West Virginia Human Rights Commission, the EEOC, or directly in state or federal court depending on the claim type. Filing deadlines are strict. EEOC charges generally must be filed within 300 days of the discriminatory act in West Virginia, and other claims carry their own statutes of limitations. Consulting an employment law attorney promptly can help protect your options.

Frequently Asked Questions

What Qualifies as Wrongful Termination in West Virginia?

Termination is wrongful when it’s based on a protected characteristic, race, sex, age, disability, religion, national origin, or pregnancy, or when it’s in retaliation for exercising a legal right. West Virginia’s at-will employment rule doesn’t protect employers who fire someone for an illegal reason.

What Should I Do If I’m Being Sexually Harassed at Work in Morgantown?

Document the conduct in detail: dates, what was said or done, and any witnesses. Report it through your employer’s internal complaint process if it’s safe to do so. Then consult an employment lawyer as soon as possible. Strict deadlines apply to harassment claims, and early documentation can strengthen your case.

Can I Afford an Employment Lawyer in Morgantown, WV?

Rod Smith Law PLLC works on a contingency fee basis. There is no fee unless we recover for you. The free consultation costs you nothing, and you don’t pay attorney’s fees out of pocket while your case is pending.

Can I File a Claim Against a Large Employer or State Institution?

Yes. Employment laws apply to private companies, universities, hospitals, and government entities alike, provided the employer meets the minimum size threshold for the applicable statute. The rules vary by claim type, so it’s worth discussing your specific situation with an employment attorney.

How Long Do I Have to File an Employment Claim in West Virginia?

Deadlines depend on the type of claim. EEOC charges for discrimination must generally be filed within 300 days of the discriminatory act in West Virginia. Other claims, including those under state law, may have different limitations periods. Missing a deadline can bar your recovery entirely, which is why acting quickly matters.

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