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 allegedlyfired 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.
According to the lawsuit, the defendants then started to reduce his working hours. When he submitted a request -- well in advance -- for a Friday off in February, he was allegedly told to take off both the Friday and Monday. However, upon his return to work he found that his employment had been terminated because he failed to turn up for work. The plaintiff is seeking punitive damages.
Workers in West Virginia who believe that they have been fired unjustly may experience lost income and anxiety due to a lack of employment. They may find comfort knowing that there are wrongful termination lawyers who can help assess the circumstances of their termination. If a claim is viable, they are prepared to fight for your legal rights. With proper documentation of all events that led to the dismissal, a strong case may be built to pursue the best possible outcome.
Source: The West Virginia Record, "Hospital valet alleges job loss due his age", Kelly Holleran, Oct. 1, 2014