Wrongful termination attorneys in West Virginia
Just as an employee can quit his or her job at any time with or without a reason, employers can terminate employees with or without cause. However, there are some circumstances where firing an employee constitutes wrongful termination. Wrongful termination is the employee's right to sue the employer for damages and lost wages.
Any legal action against an employer requires a comprehensive understanding of complex West Virginia and federal laws. When you are facing a complicated employment dispute, you need trusted and experienced legal adviceadvice that Shaffer & Shaffer, PLLC attorneys have been providing their clients for more than a century.
A wrongful termination case may arise when
-An employee is terminated because of unlawful discrimination for gender, race, age, religion, nationality, sexual orientation, or a disability
-An employee is terminated in retaliation for taking certain action such as reporting sexual harassment or other wrongdoing
-An employee is demoted or is treated in a way that creates a hostile work environment that forces the employee to quit
-An employee is terminated for reporting a safety violation
-An employee is terminated because he or she filed a workers compensation claim
Because employers have more power than individual employees, a wrongful termination lawsuit can lack hard evidence, leaving the outcome hinging on which side presents more persuasive testimony. An experienced employment law attorney can expose the underlying motivation for the termination. The attorneys of Shaffer & Shaffer contact witnesses, review any prior disciplinary actions, assess your prior work history, and create a compelling claim to challenge your termination.
When does discriminating become discrimination?
You have probably heard the expression life is unfair. Employers have the right to treat you unfairly. For example, an employer can discriminate on the basis of your performance, your height, or the color of your eyes. But the right to discriminate is limited under the law. Federal law prohibits discrimination based on
It is also against West Virginia and federal law to retaliate against an employee for filing a discrimination complaint.
Do you have a discrimination case against your employer?
If you have been treated unfairly by an employer, you may be a victim of unlawful discrimination. Some of the laws that protect you include the West Virginia Human Rights Act, Age Discrimination in Employment Act, Americans with Disabilities Act, the Family and Medical Leave Act, and the Genetic Information Nondiscrimination Act.
You may have a discrimination case, if you have
-Evidence of a discriminatory motive
-Evidence of a pattern of unfairness against other people who are similarly situated