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Wrongful Termination in West Virginia: Your Rights

Understanding wrongful termination protections in West Virginia. This guide covers at-will exceptions, protected classes, whistleblower protections, and how to file a claim.

Data last updated: Jan 15, 2025

Key Takeaways

  • At-will employment: Yes.
  • Public policy exception: Recognized.
  • Implied contract exception: Recognized.
  • Filing deadline: 365 days for WVHRC complaints; 300 days for EEOC (dual filing).
At-Will Employment doctrine
Yes Public policy exception
Yes Implied contract exception
No Good faith exception

At-Will Employment in West Virginia

West Virginia is an at-will employment state. Employers can terminate employees for any lawful reason or no reason at all.

Recognized Exceptions

  • Public policy
  • Implied contract
  • Statutory protections (WVHRA)

Protected Classes

In addition to federal protections, West Virginia prohibits employment discrimination based on:

  • Race
  • Color
  • Religion
  • Sex
  • National origin
  • Ancestry
  • Age (40+)
  • Disability
  • Blindness

Whistleblower Protections

West Virginia Whistle-Blower Law provides protections for employees who report employer wrongdoing.

Filing a Claim

  • Filing deadline365 days for WVHRC complaints; 300 days for EEOC (dual filing)
  • State agencyWest Virginia Human Rights Commission (WVHRC)

Back pay, front pay, compensatory and punitive damages, and attorney fees.

West Virginia Human Rights Commission (WVHRC) website

Related West Virginia resources

Frequently Asked Questions

  • What is the West Virginia Human Rights Act?

    The WVHRA prohibits employment discrimination and applies to employers with 12 or more employees.

  • Does West Virginia protect sexual orientation?

    Not under state law. Some municipalities like Charleston and Huntington have local non-discrimination ordinances.

  • How long do I have to file in West Virginia?

    You have 365 days to file with the West Virginia Human Rights Commission.

  • What is unique about West Virginia's public policy exception?

    West Virginia has a broad public policy exception under the Harless v. First National Bank doctrine, which covers terminations that violate established public policy.

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