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Currently Browsing:at-will employment

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, […]

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 […]