Employment Law

Advocates for Hard Working West Virginians.

At The Moore Law Firm, PLLC, we are dedicated to protecting the rights of hard-working West Virginia employees. We understand that your job is an important aspect of your life, as well as a means to provide a livelihood for yourself and your family.

Don't Let an Illegal Employment Action Ruin Your Livelihood.

The attorneys at The Moore Law Firm, PLLC handle a variety of employment law matters, including:

  • Discrimination
  • Wrongful Termination
  • Constructive Discharge
  • Retaliation
  • Sexual & Other Harassment
  • Wage Payment and Collection Act Violations
  • Other Employment Law Matters

If you believe that an unlawful adverse employment action has been taken against you, contact one of our experienced employment law attorneys at 304-358-0318 or complete our online intake form.

Discrimination & Wrongful Termination.

Most West Virginia workers are considered an "at will" employee, unless the employee has a contract of employment that states otherwise. As an "at will" employee, you can be terminated or fired from your job for any reason, good or bad, or for no reason at all. However, an employee cannot be terminated or fired for an illegal reason.

Unlawful Discrimination. Illegal reasons include discrimination based upon race, religion, color, national origin, ancestry, sex, age (age 40 or above), blindness or disability. These factors are protected under the West Virginia Human Rights Act. Likewise, various federal laws, including Title VII, the Americans with Disabilities Act (ADA), and the Age Discrimination in Employment Act (ADEA), prohibit similar discrimination.

Reasons against public policy. Over the years, the West Virginia Supreme Court of Appeals has described numerous adverse employment actions as contrary to the substantial public policy of West Virginia. Some of those reasons include: refusing to participate in unlawful conduct, reporting or complaining about unlawful conduct by the employer, or refusing to testify untruthfully at a legal proceeding.

Exercising rights provided by law. This is also known as retaliation. Retaliation includes situations where an employee complains, in good faith, about discrimination or harassment in the workplace, and then is subjected to adverse action by the employer. Additionally, an employer cannot retaliate against an employee for taking advantage of benefits under the Family and Medical Leave Act, or for receiving or attempting to receive benefits under West Virginia's Workers' Compensation Act.

Constructive Discharge

To have a valid employment claim, you do not necessarily have to actually be terminated by your employer. Constructive discharge arises when your working condition have become so intolerable that you cannot continue to work, and the intolerable conditions are based on an illegal factor, such as harassment on the basis of sex, race, or religion.

Generally, an employee who is terminated for an illegal reason can claim compensation for lost earnings, including front pay and back pay, lost benefits, and non-economic damages, such as embarrassment, humiliation, and emotional distress. In some situations, punitive damage may be recoverable.

Sexual & Other Harassment

As an employee, you have the right to work in an environment that is free of harassment. Sexual harassment includes unwelcome sexual advances, request for sexual favors, and any other verbal or physical conduct of a sexual nature by an employer, supervisor, co-workers, or other agent of the employer. Harassment on the basis of race, age, religion, national origin, and disability is also unlawful.

Do not be afraid to defend yourself against harassment. You do not have to tolerate such conduct in the workplace. If you are the victim of harassment in the workplace, call one of employment law attorneys immediately. We will fight to ensure that the harassment stops, the perpetrators are held responsible, and you are fully compensated for the shame, humiliation, and embarrassment associated with harassment.

Wage Payment and Collection Act

Payment upon discharge or resignation. As of June 11, 2015, an employer is required to pay an employee’s final wages in full, regardless of whether the employee resigns or is terminated, on or before the next regular payday on which the wages would otherwise be due and payable.

Fringe benefits, such as vacation, sick leave, and paid time off, that are part of an agreement with the employee and payable on a future date or subject to additional conditions are to be paid according to the agreement and not on the next regular payday.

If you have quit or resigned from your employment or if you have been fired from your job and not timely paid your final wages, contact one of our employment attorneys to determine if you are entitled to additional compensation.

At The Moore Law Firm, PLLC, we aggressively pursue your employment law claim from start to finish. No matter how large the employer, we will fight to ensure that you are fully compensated. Whether you were terminated for an illegal reason, retaliated against for filing a workers' compensation claim, sexually harassed, or not timely paid upon resignation, The Moore Law Firm, PLLC will work to minimize the consequences of an illegal employment action.

Contact Our Morgantown Employment Law Attorneys

To schedule a free initial consultation regarding your employment law matter, contact us through our online intake form or by calling 304-358-0318.

Appointments are scheduled at your convenience.

Off-site meetings are available upon request.