lawyer who work wrongful termination charleston wv

by Jaylin Ryan PhD 8 min read

Wrongful Termination Lawyers in Charleston, WV (304) 342-0133 DiPiero Simmons McGinley & Bastress, PLLC is a well-known and respected law firm located in Charleston, West Virginia. Our lawyers have provided legal services for working men and women and their families for more than forty years.;

Full Answer

What qualifies as wrongful termination?

To be wrongfully terminated is to be fired for an illegal reason, which may involve violation of federal anti-discrimination laws or a contractual breach. For instance, an employee cannot be fired on the basis of her race, gender, ethnic background, religion, or disability.

Can you sue for wrongful termination?

Yes, you can sue your employer if they wrongfully fired you. But you need to know if your employer actually broke the law, and you need to determine how strong your case is. All too often, people want to sue for being fired when the company had a legitimate reason to fire them. Not every firing is illegal.Aug 25, 2020

What kind of damages can be awarded in a wrongful termination case?

There are several types of damages available to plaintiffs (the person filing the lawsuit) in wrongful termination cases. These include economic damages, compensatory damages, and punitive damages.

Can you be fired for no reason in West Virginia?

In West Virginia, as in other states, employees work at will. This means an employee can generally be fired at any time and for any reason, or for no reason at all.

How do I win an appeal for termination?

How to Appeal a Job Termination
  1. Listen carefully to your manager or the human resources representative handling your termination. ...
  2. Obtain copies of all documentation provided to you at the termination meeting. ...
  3. Learn the process for obtaining a copy of your employment file and your departmental file.

Can I sue my employer for emotional distress?

You can sue your employer for the emotional distress that they have caused. In many cases, if you have reported this to your boss and no action was taken, the courts will side with you since the employer took no course of action. You can sue for damages that this emotional distress has caused.3 days ago

How much compensation will I get for termination?

15 days' wages for every year of employment if he has been employed for two years or more but less than five years; or. 20 days' wages for every year of employment if he has been employed for five years or more.Jan 22, 2016

Is a wrongful termination suit worth it?

In general, readers who had a wrongful termination claim against a large employer (with more than 100 employees) received an average of $43,400 in compensation—almost twice as high as the average for readers who'd worked for smaller employers. Large employers may simply have the money to offer higher settlements.

What is the average EEOC settlement?

According to EEOC data, the average out-of-court settlement for employment discrimination claims is about $40,000. Studies of verdicts have shown that about 10% of wrongful termination cases result in a verdict of $1 million or more.May 5, 2021

Can you sue your employer in West Virginia?

West Virginia's state laws do allow employees to sue their employers in a few specific cases. If you can prove that you were injured on the job due to your employer's “deliberate intent,” then you can pursue a personal injury lawsuit. Lawsuits involving this rule are known as Mandolodis claims.Oct 21, 2021

What is wrongful termination in WV?

Wrongful Termination in West Virginia

This means if you are not formally contracted to your employer, you can be terminated for any reason or without reason. However, you cannot be terminated for unlawful reasons. West Virginia law prohibits employers from firing you on the basis of: Your race, color, national origin.

What are the 5 fair reasons for dismissal?

A run-down of the most common reasons to dismiss an employee.
  1. Failure to do the job. Perhaps the most obvious (and arguably fairest) reason would be an employee's failure to do their job properly. ...
  2. Misconduct. Another common reason for dismissal is misconduct. ...
  3. Long term sick. ...
  4. Redundancy.

Stewart Bell, PLLC

Serving West Virginia for Over 35 years. Free Initial Consultation. Prompt Service. Available 24/7

The Masters Law Firm, L.C

Our contingent of experienced trial lawyers was established in 1974 to serve all of West Virginia.

Shaffer & Shaffer PLLC

Since 1909, Shaffer & Shaffer has served individuals and businesses throughout West Virginia.

Pullin, Fowler, Flanagan, Brown & Poe, PLLC

We provide our clients proactive, aggressive and effective legal representation. WEST VIRGINIA CIVIL DEFENSE LITIGATION LAW FIRM.

Stewart Bell, PLLC

Wrongful Termination Lawyers Serving Charleston, WV and Kanawha County, West Virginia

The Masters Law Firm, L.C

Wrongful Termination Lawyers Serving Charleston, WV and Kanawha County, West Virginia

Shaffer & Shaffer PLLC

Wrongful Termination Lawyers Serving Charleston, WV and Kanawha County, West Virginia

When to contact a lawyer about wrongful termination?

Right after you are dismissed is the ideal time to contact a wrongful dismissal lawyer. If you are unsure if your termination was, in fact, unlawful, it’s a good idea to contact an attorney at this time and ask any questions you may have.

What to do if you lost your job in West Virginia?

If you’ve lost your job in West Virginia and feel you were wrongfully terminated, you should know that you may have legal options. With the help of a skilled and experienced Charleston wrongful termination lawyer, you can find out if, in fact, your termination was unlawful and if actions can be taken against your employer. By taking legal action against an employer who wrongfully terminated you, you can potentially receive compensation that can ease the process of finding a new job.

What happens if you are terminated after you take time off?

If you were terminated after you took time off that you were legally able to take (this includes time for military services)

Can you file unemployment if you were terminated?

If you were terminated from your job and feel the dismissal was unlawful, you have a limited period to act during. Your first instinct may be to file an unemployment claim, but you should not file one if you feel your dismissal violated one or several state/federal laws. The information you state on your unemployment claim may harm your chances of filing a successful wrongful termination lawsuit.

Does DiPiero Simmons McGinley and Bastress charge a dime?

This means that we won’t charge you a dime if your claim is not successful. Any fees we receive will come out of the final settlement award if one is obtained in your favor.

Can you file a wrongful dismissal lawsuit against an employer?

All businesses must follow local, state, and federal employment laws that dictate under what conditions an employee can be fired and how the termination process must proceed. If any of these laws aren’t followed, grounds for a lawsuit may be present.

Warner Law Offices, PLLC

At Warner Law Offices, we take pride in our results, and the majority of our referrals come from past clients who tell their families, friends and co-workers about the positive results we achieved for them. Our...

Bowles Rice LLP

Bowles Rice is a professional service organization, contributing to the success of our clients and the vitality of our communities through advocacy, counsel, leadership and service. Our firm was founded in Charleston,...

Dinsmore & Shohl LLP

Dinsmore is a national law firm where accomplishment is the center of everything we do. Striving for the highest levels of professionalism, skill, and accountability, we challenge ourselves to be better attorneys...

Shuman, McCuskey & Slicer, PLLC

Shuman, McCuskey & Slicer, PLLC represents businesses, governmental entities, and professionals in a variety of industries throughout the Mid-Atlantic and Appalachian Highlands. Founding Member David L. Shuman...

Goodwin & Goodwin, LLP

We can describe ourselves that way because we believe it, and it’s what truly sets us apart from other law firms in West Virginia. Since we opened our doors in 1970, we have fought battles large and small, and...

Cipriani & Werner, P.C

Cipriani & Werner is a multidisciplinary law firm with attorneys located throughout the Mid-Atlantic Region. With nearly 150 professionals in our 15 offices in 8 states and the District of Columbia, we are able...

Shaffer & Shaffer PLLC

At Shaffer & Shaffer PLLC, our Madison, WV personal injury lawyers bring decades of trial-tested experience to your case, proudly upholding a legacy of honesty, integrity, and service that goes back more than 100...

What is wrongful termination?

Other wrongful termination may be based on violating your contract, retaliating against you for discriminatory actions, for reporting safety violations, wage and hour violations, for whistleblowing activities, or firing you for taking time off for which you have a legal right.

What happens if you are fired for unlawful reasons?

If you were fired for an unlawful reason, you may have grounds for a legal action against your employer. At Rod Smith Law PLLC, we understand the injustice of wrongful termination and are here to help make things right.

Can you be terminated in West Virginia?

This means if you are not formally contracted to your employer, you can be terminated for any reason or without reason. However, you cannot be terminated for unlawful reasons.

What does wrongful termination mean?

For them to have actually violated the laws, they would have to have terminated you as an employee in violation of federal, state, and even local laws.

When do you terminate your employment?

Terminated your employment when you took time off that was legally yours to take (including time for military service).

Who sued Mayflower?

Bobby Beasley had previously sued Mayflower because of a workplace injury ( Chris Heavens obtained a $300,000 settlement* for Mr. Beasley in a previous lawsuit). Upon returning to work from his injury, Mr. Beasley was offered a management position with the company. Mr. Beasley accepted the management position with the company and was later terminated from employment. Chris Heavens again sued Mayflower on behalf of Mr. Beasley; this time alleging that Mayflower illegally retaliated against Mr. Beasley because of his previous lawsuit against the company. The case went to trial in Federal Court and the jury returned a verdict in favor of Mr. Beasley, awarding him $100,000 in back wages, $35,000 for emotional distress and $35,000 in punitive damages. Result: $165,000 Jury Verdict*.

Can an employer fire you for being pregnant?

Consider the states with “at will” employment, such as West Virginia. This means that your employer may be able to fire you at any time and without any reason. This sounds wildly unfair and would feel even worse if it happened. However, this is not a violation of the state’s laws. If on the other hand, that employer fired an at-will employee because they heard that she was pregnant, that is a direct violation of federal employment laws. The plaintiff would have to file with the Equal Employment Opportunity Commission (EEOC) and win the right to sue for making a claim.

Can you build a wrongful termination case against an employer?

In any of these instances, you might be able to build a very strong wrongful termination case against them, but always remember that the burden of proof is going to fall upon you and not the employer. In other words, you have to prove your claim, and only if you are able to do so will the employer have to prove their innocence.