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Charleston WV Personal Injury Law Blog

Former employee for a mining company claims he was fired unjustly

Age should not be a defining factor in whether to continue to keep an employee. As long as the worker is able to continue to perform the essential functions of the job, there should not be an issue. However, there are occasions when a company may feel that a worker has lost his or her value to the company due to age, resulting in the employee being fired unjustly. That appears to have been the case for a West Virginia man who asserts that the only reason he lost his job was because of his age.

The plaintiff worked for Coal River Mining LLC in various positions. He was a miner operator and then became a dispatcher. He claims that his employer wanted to be alerted when federal and state inspectors were coming in for a visit. According to the plaintiff, he did not believe that it would be legal to alert his superior in advance, and refused to do it.

Ex-producer for CNN claims he was fired unjustly for age and race

Firing someone is never easy, but certain laws have been put in place to allow companies the right to terminate an employee who is not working to standards. West Virginia and many other states are considered "at will," meaning a worker can be terminated at any time and without the need for first establishing just cause for doing so. However, there are still instances where workers are fired unjustly, and legal remedies exist to right those wrongs.

A man who worked at CNN for the better part of two decades claims that he lost his job due to age and race discrimination. He is described as both Latino-American and African American. During his tenure, he covered many major news stories, including Hurricane Katrina, 9/11 and the 2012 election. He was the first black man in California to be promoted to producer. Unfortunately, he apparently never received another promotion.

Worker loses his job after reporting a hostile work environment

Although it is illegal, many employees are still the victims of sexual harassment. West Virginia workers may not speak up out of fear of retaliation, including concerns about losing their jobs. Sometimes, however, observes a hostile work environment and tries to do the right thing by reporting the incidents to a supervisor. A few employers, however, simply don't want to deal with the situation and silence the worker with a wrongful termination instead.

A former worker for a surgical company believes that his witnessing sexual harassment led to his termination. According to his complaint, the plaintiff witnessed what he deemed to be sexual harassment between a worker and some female employees. He believed that the behavior was against the law and a liability for the company, and he wrote an email to the CEO detailing the incident and who was involved.

Worker alleges age discrimination, says he was fired unjustly

Even though West Virginia labor laws allow employers to dismiss workers and employees resign when it suits them, there are circumstances where an employer's act of dismissal may be illegal. A 70-year-old man who was employed as a valet recently filed a wrongful termination lawsuit against the hospital where he worked. He claims age discrimination in promotion opportunities, as well as when he was allegedly fired unjustly.

The man's asserts that he was employed in a casual position to work as a valet for eight hours per week. However, he was allocated shifts that comprised of between 35 and 38 hours per week. He claims that the casual classification of his position denied him insurance benefits and vacation time, and for this reason, he tried to secure a permanent position as a parking attendant. He applied when such a position was advertised within the company, and although he met the required experience for the position, a 40-year-old person secured the job. The same position was advertised again six months later, and once again, he says his application was overlooked when the job was offered to a 20-year-old man.

Medical malpractice suit is the 3rd lawsuit medical student faces

A medical student is facing a third negligence charge this year. In July, she was involved in a car accident, which led to two lawsuits. This was followed by a medical malpractice lawsuit filed in August. In West Virginia and elsewhere, families who believe that negligence was the root cause of the death of a loved one may choose to file a wrongful death claim against the party or parties deemed responsible. 

The first two lawsuits listed the medical student and the hospital which employs the student as defendants, based upon injuries suffered in a car accident. A rental car operated by the student collided with another car occupied by three people. The student was supposedly working at the time of the accident.

Brain injury victims may need more help than they realize

Any kind of accident and injury that results from the negligence of another can be difficult to bear or even devastating. However, when a brain injury has occurred, the after effects and true cost of the injury may be particularly difficult to predict or plan for. Brain injury victims in West Virginia and their families may benefit from understanding how a brain injury can impact all aspects of life and how costly it can be.

The brain is complicated, and every brain injury may be different. The extent of the injury and any long lasting effects often depend on the location and severity of the injury. The effects can range from memory loss to wrongful death, with any level of incapacitation in between.

Sexual harassment can create a hostile work environment

In the course of the last 100 years, there have been great advancements in the workplace. Specifically, there have been changes made regarding how employees are treated and the legal recourse available in the event of mistreatment, such as sexual harassment, that results in a hostile work environment. A large portion of this change can be credited to the Title VII of the Civil Rights Act of 1964. Despite the strides that have been made, many people in West Virginia have found themselves to be the victims of sexual harassment in the work place.

Sexual harassment is considered to be a form of discrimination under Title VII, which applies to any business that employs over 15 workers. While most people are aware of the term, many aren't fully cognizant of what qualifies as harassment. For example, both men and women can be victims, and the harasser doesn't have to be a member of the opposite sex. Additionally, the victim does not have to be the recipient of the behavior, but could be a witness whose work performance is influenced by the sexually offensive behavior.

Former police chief sues for wrongful employment termination

All workers are protected by law in the workplace. This is even true for those whose job it is to uphold the law. A local police chief in West Virginia has decided to sue the city government and the city's mayor for wrongful employment termination.

The former chief of police is alleging that he was terminated because of his investigations into irregularities in the city's fiscal affairs. The man filed his lawsuit against the city and the mayor as an individual as well as in his mayoral capacity. The lawsuit was filed with the court in mid-August.

Woman claims she was fired unjustly over age, pregnancy

There are hundreds of reasons why a West Virginia business might legitimately choose to fire an employee. No one expects an employer to retain an employee who is untrustworthy and fails to fulfill his or her job responsibilities. However, there are federal and state laws that protect employees from discrimination. If an employee has been fired unjustly, he or she could file a civil suit in response. One out-of-state woman has done so after claiming she was fired for her age and having a baby.

The woman had been an employee of Abercrombie & Fitch for approximately nine years when she went on maternity leave. Two months into her leave, she claims she was contacted by a company representative who said that the company was consolidating and her position had been eliminated. Although she says she offered to move or accept a demotion, she was denied.

Reckless driving possible cause of West Virginia car wreck

A West Virginia woman is dead after a tragic car wreck possibly caused by reckless driving. In King George County, the car wreck occurred when the woman's car was hit head-on. The man driving the truck crossed the center line, but the reason why is not known. He was charged with reckless driving and law enforcement does not believe that he was under the influence of drugs or alcohol.

Reckless driving is a broad term that can be used to describe poor, dangerous or negligent driving. It can include anything from texting behind the wheel to speeding. Although it may seem daunting to prove that an individual is a victim of reckless driving, a case evaluation may reveal that a wrongful death civil lawsuit is an option for the woman's family.

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