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West Virginia Termination (with Discharge): What you need to know

West Virginia is an "employment-at-will" state. This means that either the employer or the employee may end the employment relationship at any time and for any reason, unless a law or agreement provides otherwise. However, while this is true in theory, various West Virginia statutes and court cases have created important exceptions to the doctrine.
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West Virginia law prohibits employers from disciplining or discharging employees in retaliation for exercising certain rights.
Garnishment. Employers may not discharge or make any other form of reprisal against employees because of garnishment (WV Code 46A-2-131).
Jury duty. It is unlawful to retaliate against employees for being called for jury duty or serving on a jury (WV Code Sec. 52-3-1).
Lie detector tests. It is generally against public policy for an employer to require or to request that an employee submit to a polygraph test or similar test as a condition of employment (WV Code Sec. 21-5-5B).
Tobacco products. Employers are prohibited from retaliating against employees for using tobacco products while off duty and off the employer's premises (WV Code Sec. 21-3-19).
Wage and hour. Employees may not be discharged as retaliation for making a complaint to the employer about unpaid wages, instituting a civil action or criminal complaint, or testifying under state wage laws (WV Code Sec. 21-5C-7(a)).
Safety. Public employers are prohibited from discharging or discriminating against public employees who file complaints, testify, or exercise any rights under the state’s occupational safety and health act (WV Code Sec. 21-3A-13).
Volunteer emergency workers. It is unlawful for an employer to retaliate against an employee for ...

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West Virginia Termination (with Discharge) Resources

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Record retention is complex and time consuming. However, in addition to complying with various federal and state laws, keeping good, well-organized records can be very helpful in documenting and supporting an organization’s employment actions.
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This special report will discuss how you can ensure your records are in good order, and establish a record-retention policy.

Topics covered:
1. Hiring Records
2. Employment Relationships
3. Termination Records
4. Litigation Issues
5. Electronic Information Issues
6. Tips for Better Recordkeeping
7. A List of Legal Requirements

Make sure you have the information you need to know to keep your records in order.