If you’ve lost your job in West Virginia and feel you were wrongfully fired, you should know that you may have legal rights.
All businesses must follow local, state, and federal employment laws that dictate under what conditions an employee can be fired and how the termination process must proceed. If any of these laws aren’t followed, you may meet the actionable grounds for filing a lawsuit.
With the help of a skilled and experienced Charleston wrongful termination lawyer, you can find out if your termination was unlawful, if actions can be taken against your employer, and if you can potentially receive compensation that can ease the process of finding a new job.
How Do I Know If My Employer Wrongfully Terminated Me?
Wrongful termination is when an employee is fired from their job for illegal reasons.
Employees often find themselves wrongfully dismissed due to discrimination, retaliation, or violations of public policy. Employment laws are complex and frequently change as new acts are passed. Every state also has separate laws that dictate under what conditions a termination is considered unlawful.
According to the National Employment Law Project, more than two out of three workers in the United States have been fired with no reason or with an unfair dismissal.
Here are some common reasons why a wrongful termination claim might be filed in West Virginia:
- If your employer violated a contract of employment
- If your employer violated a disciplinary policy set in place by the company
- If your employer broke federal anti-discrimination laws by terminating you based on your race, religion, color, national origin, sexual orientation, disability, age, or pregnancy
- If your employer broke West Virginia anti-discrimination laws based on the same factors above
- If you were terminated after refusing to take illegal actions on the job
- If you were fired after reporting Occupational Safety and Health Administration (OSHA) or other safety violations
- If you were terminated after you took time off that you were lawfully entitled to take (this includes time for military service)
- If your employer terminated you after they discovered you were acting as a whistleblower regarding illegal activities taking place at work (for example, reporting unsafe work conditions)
Your Legal Rights During the Termination Process
Many employees do not realize that legal protections are in place throughout the termination process.
Employers must follow specific procedures. Along with that, they must provide truthful reasons for dismissal, while not violating federal or state laws along the way.
For example, you have the right to:
- Receive honest documentation if your employer cites performance or disciplinary issues.
- Request access to your employment records, including evaluations or warnings.
- Take protected leave without fear of retaliation.
- Report workplace violations or unsafe conditions without jeopardizing your position.
If an employer ignores these protections or cuts corners, that can strengthen a potential wrongful termination claim. A Charleston wrongful termination lawyer can help you understand which rights apply to your situation. We will work to review whether your employer followed the law and advise on the best next steps, whether that involves negotiation, mediation, or filing a claim.
When you know your rights before and during the termination, you are in a stronger position to protect yourself legally. In turn, that can make sure your employer cannot evade accountability.
Taking Legal Action After a Wrongful Dismissal from Your Job
If you were fired from your job and feel that the dismissal was unlawful, you have a limited amount of time to act.
Your first instinct may be to file an unemployment claim, but you should not file one if you feel your dismissal violated any state or federal laws. The information you state on your unemployment claim may harm your chances of having a successful wrongful termination lawsuit.
Here are the actions that you should take in order to protect your legal rights following a wrongful termination:
- Gather as much evidence as you can regarding the termination and why you feel it was unlawful
- Keep a written account of what happened, with dates and times, and under what conditions
- Gather the contact information of any coworkers, witnesses, or friends who may be able to share their account of what happened
- Obtain copies of your company’s employment manual and policies
- Contact a law firm that specializes in employment laws and, specifically, wrongful termination
Right after you are dismissed is the ideal time to contact a wrongful dismissal attorney. If you are unsure if your termination was, in fact, unlawful, it is a good idea to contact a Charleston wrongful termination attorney at this time and ask any questions you may have.
FAQs About Wrongful Termination in Charleston
We have provided answers to your questions about wrongful termination in the state.
Can I be fired without warning in West Virginia?
Yes, because West Virginia is an “at-will” employment state. However, your employer cannot fire you for illegal reasons like discrimination, retaliation, or violating your legal rights.
How do I know if I have a valid wrongful termination case?
If you believe you were fired due to discrimination, whistleblowing, refusing to engage in illegal activity, or in violation of company policies or contracts, you may have a case. Our lawyer can review the details to see if taking legal action is a possibility.
What kind of compensation can I receive if I win?
Depending on the circumstances, you could recover lost wages, future earnings, emotional distress damages, and possibly punitive damages.
Do I have a deadline to file a wrongful termination claim?
Employment claims are subject to strict time limits that depend on whether your claim falls under state or federal law. The sooner you contact an attorney, the better off you will be in any legal action.
Will my case go to court?
That is not always the outcome. Many wrongful termination claims are resolved through settlement negotiations. However, if your employer refuses to do what is fair, your attorney can take the matter to trial.
Choosing the Right Charleston Wrongful Termination Lawyer
Selecting the right lawyer is crucial for a successful outcome in your case. Look for an attorney with experience in employment law, a track record of successful cases, and a reputation for ethical practice. Personal referrals, online reviews, and initial consultations can help employees make informed decisions when choosing legal representation.
At DiPiero Simmons McGinley & Bastress, PLLC, we offer free consultations and handle all our employment cases on a contingency fee basis. This means that we won’t charge you a dime unless your claim is successful. Any fees we receive will come out of the final settlement award if one is obtained in your favor.
You can expect any Charleston wrongful termination lawyer in our office to have the necessary expertise to help you understand the legalities surrounding your being let go from your job, prepare for common challenges to employment law claims, and take your case to court if we feel that you may benefit from doing so.
With our help, you can right a wrong that was done to you and your family.
To learn more, get in touch with our firm today.
