Employment Law Attorney in Morgantown

Experienced Representation for Workers in Monongalia, Preston, Marion, Harrison, Taylor, Barbour, Tucker, & Wetzel Counties

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, Preston, Marion, Harrison, Taylor, Barbour, Tucker, and Wetzel counties. We also support communities, including Star City, Westover, Granville, Sabraton, Suncrest, Cheat Lake, Blacksville, Core, Masontown, Fairmont, Mannington, Clarksburg, Bridgeport, Kingwood, Reedsville, Terra Alta, and Grafton. 

Even if you simply work in Morgantown, we represent commuters traveling from neighboring Pennsylvania communities like Point Marion, Uniontown, and Waynesburg, as well as Garrett County, Maryland.

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 funds for you. Whether your matter resolves through negotiation or requires litigation, we’re prepared to take it all the way.

Parking is easy for clients visiting our Morgantown office. The Spruce Street parking garage, located at 300 Spruce Street, is just around the corner from our building. Metered street parking is also available directly in front of our office at 235 High Street.

Employment violations can carry strict filing deadlines. Call (304) 406-7076 to speak with a Morgantown employment attorney during a free consultation. We also offer consultations via video.

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.

Morgantown Courts & Employment Agencies Serving Northern West Virginia

Navigating local, state, and federal legal venues can be confusing, but understanding where your employment claim or legal matter actually gets filed is critical. State-level claims involving Monongalia County workplaces—including actions under the West Virginia Human Rights Act—are heard at the Monongalia County Circuit Court, conveniently located at 243 High Street in downtown Morgantown, just a single block from our law office. If your state discrimination charge requires administrative review, it goes through the West Virginia Human Rights Commission (WVHRC) in Charleston; however, all local claims and court litigation arising from those charges remain right here in Monongalia County.

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 2024 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.

Understanding the North-Central West Virginia Workforce & Workplace Rights

Morgantown and North-Central West Virginia serve as the economic anchor for workers across Monongalia, Marion, and Preston counties, as well as those commuting from nearby Pennsylvania and Maryland. Our region's distinct economy creates unique legal challenges across its major industries, and we hold employers accountable when workers' rights are violated.

• Healthcare & Medical Systems: Overworked nurses, technicians, and staff frequently face FMLA leave violations and improper denials of disability accommodations in high-pressure medical environments.
• Higher Education & Public Sector: Academic and municipal employees regularly encounter sexual harassment, discrimination in hiring and promotion, and retaliation for reporting internal misconduct.
• Marcellus Shale, Coal & Pipeline Operations: Energy field crews and heavy industry workers often suffer retaliation for raising job safety complaints, hostile work environments, and overtime pay violations from misclassification.
• Pharmaceuticals, Manufacturing & Federal Research: High-precision facility workers and federal contractors face wrongful termination, EEO claims, and workplace retaliation after exposing safety or compliance issues.
• Trucking & Freight Logistics: Drivers navigating regional transport routes regularly experience wage theft through unpaid detention time and retaliation for refusing to violate federal driving-hour safety limits.
• Service, Retail & Student Workforce: Hospitality and service workers driving Morgantown's university economy frequently confront pervasive sexual harassment and wage theft, including illegal tip pooling and unpaid off-the-clock labor.

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, so consulting an employment law attorney promptly can help protect your options.

How Our Morgantown Employment Lawyers Approach Your Case

When you reach out to Rod Smith Law PLLC, we start by listening carefully to what has happened at your workplace and what you hope to achieve. We will review documents such as emails, write-ups, policies, and pay records to understand the full picture before offering guidance. From there, we outline potential paths forward and explain how an employment lawyer would typically evaluate the strengths and risks of each option.

As your matter develops, we gather evidence tailored to the specific laws that apply to your claim, whether it is a discrimination charge, a retaliation case, or a wage dispute. That can include interviewing witnesses, requesting records from the employer, and analyzing how your employer’s conduct lines up with West Virginia statutes and federal regulations. Because many Morgantown cases may end up in the U.S. District Court for the Northern District of West Virginia or in Monongalia County courts, we also consider how local judges and procedures might affect the timeline and strategy.

Throughout the process, we will keep you informed about new developments and settlement opportunities so you can make informed decisions at each stage. Some clients prefer to resolve matters through negotiation or mediation, while others are more comfortable pursuing litigation when that is appropriate. Our goal is to put you in a position where you understand the potential outcomes well enough to choose the path that best protects your career, your reputation, and your long-term financial stability.

What To Do If You Think Your Rights Were Violated at Work in Morgantown

If you suspect your employer has broken the law, the steps you take in the first days and weeks can affect your ability to prove what happened. Start by writing down a timeline of key events, including dates, who was involved, and any conversations you remember. Save relevant documents such as performance reviews, texts, screenshots, and copies of policies so that a Morgantown employment attorney can later review them in context.

You may also need to decide whether to use your employer’s internal complaint procedures, such as reporting to human resources or a supervisor higher up the chain. In many cases, having a record that you reported discrimination, harassment, or unpaid wages can be important when your case is evaluated by the West Virginia Human Rights Commission or the Equal Employment Opportunity Commission. However, you should not put your safety at risk, and it can be helpful to discuss your options with counsel before making a written complaint.

Finally, pay close attention to deadlines and any new actions your employer takes after you speak up. Sudden schedule changes, demotions, write-ups, or termination after a complaint can be important evidence of retaliation. Reaching out promptly to an employment attorney allows you to understand the time limits that apply and whether you should file with an agency, attempt to resolve the problem internally, or prepare to bring a claim in state or federal court.

Protect your career and your future with guidance from seasoned Morgantown employment law lawyers. Submit our online form now to get started.