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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, […]

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 […]