West Virginia (WV) is an at-will state for employment, much like many others in the United States. Employers who uphold this doctrine can generally sever the employment relationship that they share with a worker for any non-discriminatory reason and at any point in...
Employment Law – Employees
Why do employers misclassify employees?
Employers commonly misclassify employees. If you're a worker here in West Virginia, then you may wonder why companies do this and why it matters to you. There are many reasons that employers do this, and they're often intentional. They do so to keep their operating...
Know your rights to Family and Medical Leave Act
The Family and Medical Leave Act (FMLA) is a piece of federal legislation that has two primary aims. It ensures that qualified workers who need to take time off to tend to either their's or an immediate family member's illness can take up to 12 weeks of unpaid leave...
What type of job discrimination is prohibited under Title VII
Title VII of the Civil Rights Act of 1964 (Title VII) prohibits discrimination based on race, religion, creed, ethnicity, sexual orientation, gender, national origin or disability in the workplace and other areas. Victims of domestic violence, stalking or sexual...
What types of religious accommodations should your employer make?
Most every worker in the United States is entitled to protections in the workplace under Title VII of the Civil Rights Act of 1964. One right employees are entitled to are accommodations for their religious practices or beliefs. The way religion is defined and what's...
What exactly constitutes a hostile work environment?
If your boss isn't very good at handling rejection and he lashes out on you verbally every time something goes wrong then you may think that your work in a toxic workplace. You may even wonder if your workplace would meet the legal definition of a hostile work...
What constitutes national origin discrimination?
If you ever stop to read the Equal Employment Opportunity Commission (EEOC) and other disclosures at the bottom of a job vacancy, application or another employment document, you'll likely notice that it mentions different grounds on which employers are prohibited from...
Protections West Virginia’s whistleblower law affords workers
Most every state in this country has a law on the book that protects whistleblowers who come forward and report some type of impropriety. West Virginia is no different in this aspect.West Virginia Code 6C-1-1, et seq. is the state's whistleblower law. It protects...
Grounds on which West Virginia employers can’t fire their workers
West Virginia is an at-will employment state. This is generally taken to mean that most employers aren't under any contractual obligation to their workers. Most companies think that this gives them the ability to let their employees go anytime without providing any...
What exactly is pregnancy discrimination?
Discriminating against a worker simply on the basis that they're pregnant, have recently given birth or on any other related grounds is illegal under federal law. Any woman in West Virginia that is treated in a way that violates the Pregnancy Discrimination Act (PDA),...
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