Understanding Wrongful Termination In West Virginia: An Overview For Residents Of Harrison County

In this article, you can discover…

• How to determine if you’ve been wrongfully terminated in West Virginia.
• The documents you’ll need to prove a wrongful termination.
• How an experienced employment law attorney can help you navigate your case.

What Qualifies As Wrongful Termination Under West Virginia Law?

A wrongful termination is a termination of your employment that is illegal as opposed to simply unfair. If you are terminated because of your age, race, national origin, familial status, or because of a disability, this termination would be illegal and, therefore, wrongful.

Wrongful termination can also encompass retaliatory firing due to your filing a Worker’s Compensation claim or being a whistleblower. For example, if you complain about illegal or unsafe conditions in your workplace and are let go, you have the right to file a wrongful termination suit.

An employment law attorney can review the background of your case and firing and help you understand if you have a valid wrongful termination claim under West Virginia law.

How Can I Prove My Termination In Harrison County, WV, Was Discriminatory?

There are two main types of proof in wrongful discrimination cases: direct and circumstantial. Direct evidence might include a company email saying directly, “We need to let this person go because they are disabled, and we’re not willing to accommodate them”. However, obtaining this kind of direct, smoking gun evidence is rare.

More often, the evidence of your wrongful termination will be circumstantial. The timing of your firing can be a valuable piece of evidence in these cases. For instance, if you have a work-related injury, file a Worker’s Compensation claim, and are fired shortly after that, this timing can be used as evidence of wrongful termination.

It can also be helpful to have a comparator in your case. For example, if you are a 60-year-old worker and management fires you and replaces you with a 35-year-old worker, this new, younger worker can serve as a comparator and help prove age-based discrimination.

Attorney Eddie Wagoner is a compassionate, capable employment law attorney serving West Virginia. For over 15 years, he’s helped clients just like you understand wrongful termination laws and seek justice when employers step over the line.

Have questions, or in need of legal help? Reach out to Hansberry & Wagoner, PLLC, for an initial consultation today.

Call for a Consultation! (304) 443-9138 (Morgantown) | (304) 898-8484 (Bridgeport)

What Types Of Evidence Are Most Helpful In Proving Wrongful Termination Claims In West Virginia?

Texts, emails, and other types of communication that demonstrate discrimination can be helpful. A copy of your employee handbook or hiring policies can also be used to help determine that policies and laws were broken.

On top of this, obtaining copies of your paystubs will help your attorney understand how much monetary compensation you may be entitled to.

What Are The Most Common Challenges Employees Face When Proving Wrongful Termination In West Virginia?

Often, employers will try to come up with a legitimate, non-discriminatory reason why they let you go. Your employer may cite everything from supposed attendance issues to work performance to try to provide a valid ground for your termination.

Challenging these claims can be difficult, but an experienced and determined employment law attorney can help uncover whether these claims are grounded in truth or not. A skilled attorney will understand exactly how the defense is going to respond to your claims and help disprove and tear down any false arguments.

What Is The Difference Between At-Will Termination And Wrongful Termination In Harrison County, WV?

At-will employment means that an employer can fire you for any reason or for no reason, so long as that reason is not illegally discriminatory. Not all terminations that are or feel unfair are technically illegal, and it’s important to seek help understanding if your termination was at-will or discriminatory and wrongful.

For example, an at-will employer could legally fire you simply to save money. While this reason might be seen as unfair, it doesn’t equate to an illegal, wrongful termination in West Virginia as it was not based on race, national origin, familial status, disability, or age.

To establish whether termination was wrongful, your attorney will get a bird’s eye view of your claim. They’ll review the events and communications leading up to your termination and help you determine if you have a case. From there, they’ll work to counter the defense’s arguments and secure the compensation you need and deserve as a worker.

Still Have Questions? Ready To Get Started?

For more information on Wrongful Termination In West Virginia, an initial consultation is your next best step. Get the information and legal answers you are seeking by calling (304) 443-9138 (Morgantown) | (304) 898-8484 (Bridgeport) today.