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Currently Browsing:Employment Law

The Duty To Mitigate Damages in Employment Cases–What Does It Mean?

In many civil cases, plaintiffs or claimants are required to mitigate or minimize their damages by undertaking reasonable efforts to do so. In employment cases, W.Va. Code §55-7E-1 through 3 (enacted in 2015) requires you in any employment action taken against a current or former employer to mitigate your wage losses regardless if your action […]

Coal Miners Discrimination / Retaliation Claims Under W.Va. Code 22A-1-22 et seq: Miners Reporting Safety Concerns

Mining is a hazardous occupation. Although companies in our state have instituted safety programs and gone beyond the extreme dangers and risks that once plagued the industry, there continue to be abuses. Safety is or should be the number one priority in the mining industry. Explosions, toxic fumes, methane and coal dust explosions, collisions, fires, […]

Whistleblower Claims Under W.Va. Code 6C-1-1 et seq.

Whistleblowers are employees who bring to the attention of their employer or to the proper authorities allegations of fraud, abuse, other illegal conduct or waste on the part of an employer. West Virginia law offers protection to public employees from retaliation by their employer pursuant to WVa Code 6C-1-1 Et. Seq. Retaliatory measures against whistleblowers […]

The West Virginia Workplace Freedom Act: What It Means For You

Earlier this year, on February 12th, the West Virginia Legislature overrode Governor Earl Ray Tomblin’s veto and passed the highly polarizing West Virginia Workplace Freedom Act. By an 18-16 party line vote in the West Virginia Senate and a 54-43 vote in the West Virginia House of Delegates, West Virginia became the 26th state to […]

Worker’s Compensation Discrimination. What is it?

West Virginia’s workers and employers participate in a statutorily mandated insurance program that provides immunity from civil lawsuits (in most cases) where workplace accidents occur, regardless of the fault of the worker or employer. This is known generally as “Worker’s Compensation” or “worker’s comp” and found in Chapter 23 of the West Virginia Code. In […]

Employed At Will? What That Can Mean for Your Rights Against Termination

West Virginia at-will employees have some limited protection from being wrongfully terminated by their employer. Aside from the West Virginia Code 6C-1-1 et seq. also known as the “whistle-blower law” passed by our state legislature, employer’s rights to terminate at-will employees are tempered when their termination violates some substantial public policy. Many employees will find themselves in positions […]

Know Your West Virginia Human Rights

Are you informed of your rights against discrimination in the state of West Virginia? Under the West Virginia Human Rights Act, it is illegal for an employer to discriminate on certain protected classes. These classes include: race, sex, age (of 40 years and older), disability, religion, color, ancestry, national origin, and blindness.  These protections are […]

Bubba Gump- From Shrimp to Wages

If you’ve seen the movie Forest Gump, the name Bubba Gump will remind you of one thing- shrimp.  Bubba Gump has been in the news recently, though this time it’s for more than just shrimp.  Bubba Gump Shrimp Co. restaurants was involved in a lawsuit with an employee.  The judge in this case ordered the […]

Underground or surface coal miner? Support an end to black lung disease

The health of coal miners matters.  If you are a coal miner and you have suffered health conditions that may be related to your occupation, you do not have to suffer with no hope.  Steps are being taken to fight for greater protection for the conditions of coal miners in both underground and surface mining.  […]

Pregnant in the workplace? It’s not an excuse for discrimination!

Are you currently pregnant, or thinking about taking steps to start a family of your own some time soon? Are you an employer who wants an analysis to make sure you are providing adequate options and flexibility for pregnant employees?  The Equal Opportunity Commission has guidelines in place that help to explain what steps employers […]