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Category Archive
Employment Law
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Immigration Considerations for Employers Hiring Foreign Workers

By | Published December 15, 2021 | Posted in Employment Law | Tagged Tags: , , | Comments Off on Immigration Considerations for Employers Hiring Foreign Workers

Businesses in West Virginia sometimes find themselves trying to fill jobs for which local workers are in short supply. Hiring workers from abroad on a temporary or permanent basis can be an effective solution. However, this requires planning and attention to necessary immigration procedures, which can be complex and time-consuming. In many cases, hiring a Read More

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What Businesses Should Be Thinking About as the COVID-19 Vaccine Mandate Approaches

By | Published October 15, 2021 | Posted in Employment Law | Tagged Tags: , , | Comments Off on What Businesses Should Be Thinking About as the COVID-19 Vaccine Mandate Approaches

Companies with 100 or more employees will soon be required to mandate that employees either get vaccinated against COVID-19 or submit to weekly testing. Although the Occupational Safety and Health Administration (OSHA) has not yet issued regulations to enforce the mandate, now is the time to begin planning for how your company may have to Read More

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Employees’ Sick Time and Family Leave Rights During COVID-19

By | Published February 15, 2021 | Posted in COVID-19, Employment Law | Tagged Tags: , , | Comments Off on Employees’ Sick Time and Family Leave Rights During COVID-19

As West Virginia continues to see rising numbers of new coronavirus cases, businesses and municipalities in the state need to be aware of their obligations regarding employee sick time and medical leave. The Families First Coronavirus Response Act (FFCRA) is the applicable federal law on this issue. Enacted on April 1 as part of the Read More

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Understanding the Duty to Provide Reasonable Accommodations for Disabled Employees

By | Published August 15, 2020 | Posted in Employment Law | Tagged Tags: , , | Comments Off on Understanding the Duty to Provide Reasonable Accommodations for Disabled Employees

The West Virginia Human Rights Act requires employers to provide “reasonable accommodations” to disabled employees where necessary to allow them to perform their job duties. In a recent decision, the state Supreme Court of Appeals has put an important limitation on the scope of that requirement for both public and private employment. The facts in Read More

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Private Employee Fired for Reporting Alleged Criminal Activity Cannot Bring Retaliatory Discharge Suit

By | Published June 15, 2020 | Posted in Employment Law | Tagged Tags: , , | Comments Off on Private Employee Fired for Reporting Alleged Criminal Activity Cannot Bring Retaliatory Discharge Suit

Although West Virginia is an at will employment state, where employers may normally fire their employees with or without cause, the state Supreme Court of Appeals has made an exception when a termination would violate a substantial public policy. However, there are limits on which policies are substantial enough to support a suit, as a Read More

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West Virginia Supreme Court Tightens Pleading Standards in Wrongful Discharge Cases

By | Published May 15, 2020 | Posted in Employment Law | Tagged Tags: , , | Comments Off on West Virginia Supreme Court Tightens Pleading Standards in Wrongful Discharge Cases

West Virginia is an “at will” employment state, where an employer may normally fire its employees with or without cause, but an exception to that rule is when the termination would violate a principle of public policy. The West Virginia Supreme Court of Appeals held in Feliciano v. 7-Eleven, Inc. that a convenience store did Read More

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Court Finds Termination of Employment Does Not Contravene the Family and Medical Leave Act

By | Published March 15, 2020 | Posted in Employment Law | Tagged Tags: , , | Comments Off on Court Finds Termination of Employment Does Not Contravene the Family and Medical Leave Act

From a distance, when an employer terminates an employee right after that employee takes medical leave under the Family and Medical Leave Act (FMLA), it looks suspicious. And in fact, there is a presumption in the federal Fourth Circuit that such suspicious circumstances lead to a presumption of wrongful termination — that the employer wrongfully Read More

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State High Court Rules Employee Failed to Exhaust Administrative Remedies for Wrongful Termination Claim

By | Published December 15, 2019 | Posted in Employment Law | Tagged Tags: , , | Comments Off on State High Court Rules Employee Failed to Exhaust Administrative Remedies for Wrongful Termination Claim

Pamela Schade was a program coordinator for the West Virginia University (WVU) National Environmental Services Center (NESC). In 3005, Schade discovered that a former employee of the NESC was being paid despite no longer working there, and she filed a report with WVU’s Office of Social Justice. A supervisor tried to deter her inquiry, but Read More

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An Overview of the West Virginia Wage Payment and Collection Act

By | Published July 15, 2019 | Posted in Employment Law | Tagged Tags: , , | Comments Off on An Overview of the West Virginia Wage Payment and Collection Act

All wage payments in West Virginia are regulated and enforced by the state Division of Labor under the West Virginia Wage Payment and Collection Act, unless federal statute preempts state law. Here is a brief overview of some of the stipulations included in the law: Frequency: Employees must be paid at least twice every month Read More

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West Virginia Supreme Court Emphasizes Heightened Pleading Standard in Cases Where Qualified Immunity Is Applicable

By | Published April 15, 2019 | Posted in Employment Law | Tagged Tags: , , | Comments Off on West Virginia Supreme Court Emphasizes Heightened Pleading Standard in Cases Where Qualified Immunity Is Applicable

The 3017 case West Virginia Board of Education v. Zelda Croaff featured the state Board of Education (WVBE) appealing the decision of the circuit court to deny its motion of dismissal of the underlying case that alleged a cause of action for negligence resulting in personal injury. The West Virginia Supreme Court agreed with WVBE, Read More

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