West Virginia's Wage Payment and Collection Act imposes an expectation on employees who have been wrongfully terminated to mitigate their own damages through "reasonable diligence." In practical terms, what does that mean?
The Davis H. Elliot Construction company succeeded in removing three pending lawsuits by former employees who all allege wrongful termination from the state court to a federal one.
Note to employers: When somebody cuts off a thumb, it's basic human decency to call for an ambulance.
We all understand that some workplaces are inherently dangerous. In most cases, these dangers arise from safety hazards present on the work site. Examples of dangerous industries include mining, construction and warehouse work. However, other industries and jobs may also expose workers to a very specific danger: personal attack or injury.
If you have been a part of the West Virginia workforce for any length of time, you have probably heard the term "employment at will." It is an important doctrine that enables either party in a working relationship to terminate the employment for any cause or for no cause at all. What you need to know, however, is that you cannot be terminated if the termination violates the law.
In many states, the most common form of employment is what is called "at-will" employment. This means that an employee can be terminated at the employer's will. The employer doesn't need to provide the employee with a reason for the termination, and he or she doesn't need to provide any type of advance warning or notification. Montana is the only state that doesn't recognize at-will employment.
If you have ever had a particularly challenging job that made you want to march into your boss's office and quit, then you are obviously not alone. Even an otherwise good job comes with moments or days that make people want to throw in the towel. Of course, this is normal in the West Virginia workforce. However, sometimes working conditions are so intolerable that many workers feel they have no choice other than to follow through on the threat of quitting. Such a situation might meet the requirements necessary for a constructive dismissal claim.
A person starting a new job is likely aware that if one's job performance is not up to the employer's standards, he or she could be fired. Unfortunately, some people in West Virginia have found themselves facing an employment termination for unfair, and possibly illegal, reasons. One out-of-state woman has recently made such claims and filed a lawsuit against the college that fired her.
When it comes to being a public servant hired to ensure that specific laws are correctly enforced in West Virginia, that employee is expected to follow the law. However, one out-of-state man claims that his employment termination came as a result of his insistence to enforce the law as he interpreted it. As a result, the former employee filed a lawsuit against both the mayor who fired him and the town that the major served.
Many working parents in West Virginia know of the stress that comes with a sick child. In addition to concern over their child, they also experience stress over the need to miss work to provide care. While federal law allows employees to miss 12 weeks of work if they become sick or need to provide care for a sick family member, an employment termination lawsuit claims that one woman faced job complications for doing so.