Category Archives: Whitle blower claims (including Harless)

Contract Issues, Employee handbook, Family and Medical Leave Act (FMLA), Harless wrongful discharge, Title VII of the Civil Rights Act of 1964, Whitle blower claims (including Harless), Worker's compensation retaliation, WV Human Rights Act, WV Human Rights Commission

“At-Will” Employment in West Virginia: What It Really Means (and What It Doesn’t)

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Most folks in West Virginia—employers and employ­ees alike—have heard the phrase “at-will employ­ment.” It gets tossed around a lot, espe­cial­ly when someone’s been fired and is try­ing to fig­ure out if it was legal. But like a lot of legal phras­es, “at-will” means more (and some­times less) than peo­ple assume.

In this arti­cle, we’re going to take a clear-eyed look at what at-will employ­ment actu­al­ly means under West Vir­ginia law, the key excep­tions to it, and how courts treat wrong­ful dis­charge claims. Whether you’re run­ning a busi­ness or advis­ing a work­er, under­stand­ing these rules is cru­cial to avoid­ing (or pur­su­ing) a lawsuit.

The Basic Rule: At-Will Employment Means Either Side Can Walk

The gen­er­al rule in West Virginia—and most oth­er states—is that employ­ment is pre­sumed to be at-will. That means an employ­er can ter­mi­nate an employ­ee for any rea­son, no rea­son, or even a bad rea­son, just not an ille­gal one. Sim­i­lar­ly, employ­ees can quit at any time with­out notice or explanation.

This doc­trine has been around for­ev­er. It’s ground­ed in com­mon law prin­ci­ples and rein­forced by state court deci­sions. But, as always, the dev­il is in the details.

Con­tin­ue read­ing “At-Will” Employ­ment in West Vir­ginia: What It Real­ly Means (and What It Doesn’t) →
Dodd-Frank Act, False Claims Act, Harless wrongful discharge, Retaliation claims, Sarbanes-Oxley Act, Whitle blower claims (including Harless)

Workplace Whistleblower Protections: What Employees and Employers Need to Know

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Whistle­blow­ing is one of the most pow­er­ful tools for expos­ing ille­gal activ­i­ties in the work­place. Employ­ees who report mis­con­duct, fraud, or safe­ty vio­la­tions help keep busi­ness­es account­able, but they also risk retal­i­a­tion. Fed­er­al and state laws offer pro­tec­tions for whistle­blow­ers, ensur­ing they can report wrong­do­ing with­out fear of los­ing their jobs. Let’s break down what both employ­ees and employ­ers should know about whistle­blow­er protections.

What Is a Whistleblower?

A whistle­blow­er is an employ­ee who reports unlaw­ful or uneth­i­cal behav­ior with­in a com­pa­ny. Com­mon types of whistle­blow­ing include:

  • Report­ing fraud or finan­cial mis­con­duct (e.g., secu­ri­ties fraud, tax evasion).
  • Report­ing unsafe work­ing con­di­tions or OSHA violations.
  • Dis­clos­ing dis­crim­i­na­tion or harass­ment in vio­la­tion of employ­ment laws.
  • Expos­ing gov­ern­ment con­tract fraud or mis­use of pub­lic funds.
Con­tin­ue read­ing Work­place Whistle­blow­er Pro­tec­tions: What Employ­ees and Employ­ers Need to Know →
Harless wrongful discharge, Retaliation claims, Title VII of the Civil Rights Act of 1964, Whitle blower claims (including Harless), WV Human Rights Act

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

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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)).
Con­tin­ue read­ing Wrong­ful Ter­mi­na­tion: What It Is and What It Isn’t →