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.
People within this country have a variety of religious beliefs. Regardless of a person's beliefs, however, he or she should be able to complete their job tasks without discrimination. Unfortunately, some people in West Virginia find that they are a target at a workplace when their beliefs differ from co-workers. For example, an out-of-state woman claims that she was fired unjustly because she did not share in the same beliefs as her co-workers and the owner of the company.
It is almost impossible to visit a city without seeing a Starbucks. Many people in West Virginia flock to them every day for their caffeine fix. Unfortunately, one former employee of an out-of-state shop claims that a customer's harassment made her uncomfortable. Worse, she argues, complaining about the behavior to her supervisor led her to be fired unjustly.
Politics in West Virginia local governments and other locations can often result in complex dealings. A recent out-of-state case alleging retaliatory discharge involving a sheriff's lieutenant illustrates this complexity. The plaintiff in the case claims that he was fired for addressing concerns about an animal shelter with the sheriff.