At-Will Employment - West Virginia

Summary of differences between federal and state regulations

The general at-will employment doctrine is what employers generally refer to unless there are state laws that provide more detail. This is a situation in which there is a lack of laws or contracts that narrow the reasons for which employees may be terminated. Where such laws or contracts exist, they must be adhered to.

West Virginia has no law regarding termination, so employers are not required to give warnings or follow any particular steps for terminating an employee.

State courts have recognized the concept of public policy exception to the at-will employment concept; that is, it is illegal for an employer to terminate an employee for refusing to break the law on behalf of the employer.

State courts have recognized the concept of an “implied contract” exception to the at-will employment concept; that is, courts have found contractual obligations in an employer’s expressed written assurances that employees would only be discharged for cause, such as written representations of guidelines and policies found in employee handbooks.

State

Contact

West Virginia Division of Labor

Regulations

West Virginia prohibits discharge in the case of:

• Use of tobacco by the employee
• Filing of a complaint or participated in proceedings relating to workplace safety
• Complaints about payment of wages made to the employer or to the commission
• Terminated employees may also have the option of seeking civil recourse through a private attorney for wrongful termination

Federal

Contacts

None.

Regulations

None.