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Wrongful Termination: What It Is and What It Isn’t

Los­ing a job is tough, but not every ter­mi­na­tion is ille­gal. The term “wrong­ful ter­mi­na­tion” gets thrown around a lot, but in legal terms, it has a spe­cif­ic mean­ing. Both employ­ers and employ­ees need to under­stand what actu­al­ly qual­i­fies as wrong­ful ter­mi­na­tion under fed­er­al and West Vir­ginia law.

What Is Wrongful Termination?

Wrong­ful ter­mi­na­tion hap­pens when an employ­er fires an employ­ee in vio­la­tion of a law, con­tract, or pub­lic pol­i­cy. This can include:

  • Dis­crim­i­na­tion: Fir­ing some­one based on race, gen­der, age, dis­abil­i­ty, or oth­er pro­tect­ed char­ac­ter­is­tics vio­lates fed­er­al and state anti-dis­crim­i­na­tion laws (42 U.S.C. §2000e‑2; W. Va. Code §16B-17–9).
  • Retal­i­a­tion: Employ­ers can’t fire an employ­ee for report­ing dis­crim­i­na­tion, work­place safe­ty vio­la­tions, or engag­ing in oth­er pro­tect­ed activ­i­ties (42 U.S.C. 2000e‑3(a); W. Va. Code §16B-17–9(7)).
  • Breach of con­tract: If an employ­ee has a writ­ten con­tract or even an implied con­tract promis­ing job secu­ri­ty, a ter­mi­na­tion out­side the agreed terms may be wrong­ful (Cook v. Heck’s Inc., 342 S.E.2d 453 (W. Va. 1986)).
  • Pub­lic pol­i­cy vio­la­tions: Employ­ers can’t fire employ­ees for rea­sons that vio­late pub­lic pol­i­cy, such as refus­ing to engage in ille­gal activ­i­ties (Har­less v. First Nat’l Bank, 246 S.E.2d 270 (W. Va. 1978)).

What Isn’t Wrongful Termination?

West Vir­ginia, like most states, fol­lows the at-will employ­ment doc­trine. This means an employ­er can ter­mi­nate an employ­ee for any reason—or no rea­son at all—so long as it doesn’t vio­late the law. For example:

  • Poor per­for­mance
  • Restruc­tur­ing or downsizing
  • Per­son­al­i­ty con­flicts (as long as they’re not based on discrimination)
  • No rea­son at all (again, as long as it’s not illegal)

Just because a fir­ing feels unfair doesn’t nec­es­sar­i­ly make it wrong­ful under the law.

Proving a Wrongful Termination Claim

Employ­ees who believe they were wrong­ful­ly ter­mi­nat­ed need to prove their case. This usu­al­ly involves:

  1. Show­ing a pro­tect­ed char­ac­ter­is­tic or activ­i­ty: Was the ter­mi­na­tion linked to race, age, gen­der, or report­ing misconduct?
  2. Estab­lish­ing cau­sa­tion: Is there evi­dence that the fir­ing was moti­vat­ed by ille­gal rea­sons? This could include sus­pi­cious tim­ing, incon­sis­tent rea­sons giv­en for the ter­mi­na­tion, or doc­u­ment­ed hos­til­i­ty from management.
  3. Demon­strat­ing dam­ages: Lost wages, emo­tion­al dis­tress, or oth­er harms must be shown.

Employ­ers can defend against wrong­ful ter­mi­na­tion claims by demon­strat­ing legit­i­mate, non-dis­crim­i­na­to­ry rea­sons for ter­mi­na­tion, such as doc­u­ment­ed per­for­mance issues or eco­nom­ic necessity.

Steps Employees Can Take

If you believe you’ve been wrong­ful­ly ter­mi­nat­ed, con­sid­er these steps:

  • Review your employ­ment con­tract and com­pa­ny policies
  • Gath­er doc­u­men­ta­tion: Emails, per­for­mance reviews, and wit­ness state­ments can help prove your case.
  • File a com­plaint: You can file a charge with the EEOC or the West Vir­ginia Human Rights Commission.
  • Con­sult an employ­ment lawyer: An attor­ney can help assess whether you have a strong case.

Best Practices for Employers

To avoid wrong­ful ter­mi­na­tion claims, employ­ers should:

  • Doc­u­ment per­for­mance issues and dis­ci­pli­nary actions clearly.
  • Apply ter­mi­na­tion poli­cies consistently.
  • Train man­agers on anti-dis­crim­i­na­tion and retal­i­a­tion laws.
  • Con­duct exit inter­views and ensure ter­mi­na­tions com­ply with state and fed­er­al laws.

Conclusion

Wrong­ful ter­mi­na­tion is a seri­ous issue, but it has spe­cif­ic legal def­i­n­i­tions and require­ments. While employ­ees have rights, employ­ers also have the abil­i­ty to make busi­ness deci­sions, pro­vid­ed they don’t vio­late the law. Know­ing where the legal lines are can help both sides avoid dis­putes and ensure a fair­er workplace.

Drew M. Capuder
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