Wrongful termination is a serious issue that brings up some complex matters. You didn't deserve to lose your source of income. You might have worked for the company a long time and all of a sudden, things started going wrong. Maybe you saw someone being sexually harassed and spoke up. Maybe you found out that the company was doing things illegally and filed a complaint. In these cases, the company can't opt to terminate your employment simply because you spoke out against the illegal practices.
Coal mining is back-breaking work, and injuries are not uncommon. One West Virginia man who was receiving medical care for a work-related back injury says that he was wrongfully terminated for what his employers termed "unexcused absences."
The U.S. Department of Labor is suing a West Virginia company after it allegedly fired one of its employees two days after she called 911 to report the injury of a co-worker. The owner of the company, Lone Star Western Beef, allegedly told the woman to hang up after she called to seek help for a man who had severed his thumb in a food processor at the plant that makes beef jerky.
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.