West Virginia Employment Law Attorneys
Representing Employees & Employers in Workplace Issues & Disputes in Beckley, Charleston, Lewisburg & Throughout West Virginia
Employment law covers a broad scope of laws, regulations, and issues surrounding the employer-employee relationship. Thousands of state and federal laws, administration regulations, and previous court rulings define how workplaces must be run to ensure equality and fairness as well as the health and safety of workers. These laws cover such areas as discrimination, minimum wage, employee benefits, unemployment compensation, and more.
In many cases, employers fail to protect workers’ rights under the law leading to issues and disputes that must be resolved with the help of a knowledgeable attorney. If you are an employee in West Virginia who has experienced unjust or unlawful actions in the workplace, Wooton, Davis, Hussell & Johnson, PLLC can help. We also represent employers who need guidance in government compliance with employment law or representation in an employer-employee issue. Our team of experienced litigators can provide the counsel needed to help you understand the law, your rights and obligations, and your legal options for resolving these matters as efficiently as possible.
Employment Law Cases in West Virginia
Employees and employers can face legal issues surrounding the following:
- Discrimination. Employees and job applicants cannot be discriminated against based on protected characteristics, such as race, color, national origin, religion, sex, pregnancy, sexual orientation, physical disability, military status, and age. This applies to hiring, promotion, compensation, work assignment, termination, and retaliation.
- Wage and hour laws. These laws cover a variety of issues, such as minimum wage, unpaid overtime, misclassification of employees, rest and meal breaks, and more.
- Family and Medical Leave Act. This federal law allows employees temporary leave for medical purposes, such as serious illness, childbirth, adoption, and military deployment. Retaliation against employees for taking such leave is prohibited by law.
- Sexual harassment. This type of harassment can take many forms such as unwanted sexual advances, degrading sexual comments, jokes, or other behavior, sexually offense posters, emails, graphics, photos, and more. This type of harassment is strictly prohibited in the workplace.
- Retaliation. Employer retaliation against an employee for exercising his or her rights is prohibited. This includes retaliation against an employee for filing discrimination or harassment complaints, for taking long-term medical leave, or for reporting illegal activities in the workplace.
- Wrongful termination. Most employment in the state is “at will,” meaning employers can fire employees at any time. However, certain state and federal regulations must be adhered to by employers before terminating an employee. When these are violated, employees may have a case of wrongful termination.
- Equal pay. West Virginia has an equal pay for equal work law that applies to state employees that prohibits discrimination between the sexes who work in comparable jobs that are based on comparable skills.
- Other federal employment and labor laws. These include the Fair Labor Standards Act pertaining to wages, overtime, and more, the Occupational Health and Safety Act that mandates health and safety standards in the workplace, the National Labor Relations Act that bars discrimination of union workers, and more.
- Breaches of employment contracts. This commonly involves management employees such as executives, CEOs, technical experts, and any employee with a written contract. Disputes can occur over salary, benefits and retirement accounts, non-compete and non-disclosure agreements, severance contracts, client lists, and more.
As an employee, making a claim against your employer can be intimidating and stressful. You are one individual facing the larger and stronger force of a business or corporation with many resources. Often these resources include in-house lawyers whose aim is to protect and defend the employer against any liability. That is why it is imperative that you have the backing, protection, and services of a trusted and tough law firm in your corner.
Representation Seeking Your Best Interests
At Wooton, Davis, Hussell & Johnson, PLLC, our West Virginia employment law lawyers are thoroughly versed in all aspects of employment law. We know how to investigate and assess these matters and understand the financial implications they have for both employees as well as employers. Our team is dedicated to standing up for the rights of workers as well as providing guidance to employers to help them avoid such disputes. Let us help you resolve your issue through outside negotiation or as your skilled advocate in civil court.