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Hiring and firing laws in West Virginia affect how employers recruit, onboard, manage, and terminate employees. While most employment relationships in West Virginia are considered "at-will," meaning either party may end the employment at any time and for any lawful reason, there are important exceptions and legal considerations. State and federal laws both shape how hiring decisions must be made and set boundaries on the reasons and processes for firing employees. Employers must observe both anti-discrimination protections and certain procedural requirements, while employees have rights that protect them from unlawful or retaliatory termination.
There are several situations in hiring and firing where legal advice may be beneficial or even essential. Common scenarios include:
Because employment law can be complex and situations are often highly individual, consulting a qualified attorney can help protect your interests and ensure compliance with all applicable laws.
West Virginia follows the doctrine of at-will employment. This means that, unless there is a contract stating otherwise, both employers and employees may end the employment relationship for any legal reason with or without notice. However, there are key local and federal laws that protect both parties:
Employers must also comply with wage and hour laws, as well as regulations about layoffs and reporting for unemployment insurance purposes.
At-will employment allows either the employer or the employee to terminate the employment relationship at any time, for any lawful reason, or for no reason at all, unless there is a specific contract to the contrary.
It is illegal to discriminate based on race, color, religion, national origin, ancestry, sex, age (40 or older), blindness, or disability under the West Virginia Human Rights Act, as well as additional protections under federal law.
No, it is against public policy in West Virginia to terminate an employee in retaliation for filing a legitimate workers’ compensation claim.
Generally, no. There is no state law requiring advance notice unless stipulated in an employment contract, collective bargaining agreement, or under certain exceptions involving mass layoffs covered by federal law.
West Virginia law requires that an employee who is fired must receive their final wages by the next regular payday.
Non-compete agreements may be enforceable but must be reasonable in scope, geography, and duration. Overly broad restrictions are likely to be invalidated by courts.
Yes, employers may require drug testing as part of the hiring process, but the policy must be applied equally and not in a discriminatory manner.
You should gather all relevant documentation and consult with an employment attorney. You may file a complaint with the West Virginia Human Rights Commission or with the federal Equal Employment Opportunity Commission depending on the circumstances.
No, not under at-will employment, unless required by contract or collective bargaining agreement. However, firing for illegal reasons is prohibited.
Large scale layoffs may be subject to the federal Worker Adjustment and Retraining Notification (WARN) Act, which requires advance notice in certain circumstances, but West Virginia does not have a separate state-level layoff law.
For more information and assistance, consider contacting the following resources:
If you believe you need legal assistance regarding hiring and firing in West Virginia, it is recommended to:
Legal advice can help you understand your rights, responsibilities, and options under West Virginia employment law, and protect both your interests and your future.
