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)