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West Virginia Employment Law

Let’s just begin a discussion about West Virginia employment law with a frequently used modern expression: “it’s complicated”. This is a major understatement because it is not only state law at work when you discuss a case related to West Virginia employment law. There is also the issue of federal employment regulations as well. And a single problem in a workplace can easily involve both types of laws and become amazingly complicated and confusing.

If you are someone who feels you are not being handled properly in your workplace or that employment laws have been violated and you have illegally lost your job, you must not attempt to combat the situation on your own. Instead, you need to get in touch immediately with an attorney familiar with West Virginia employment law and cases.

Recognize If You Have a Case

One of the first things an attorney can do is help you understand if you have a case at all. After all, if you are still employed but feel you are being treated in a way that is illegal, you may not want to challenge the employer and risk losing your job. Instead, you may be better off consulting with an experienced attorney to discuss the matter and learn whether or not you should be filing a complaint or following up with the employer.

For example, you might be an “at will” employee, and this can leave you open to a host of issues that may have the look and feel of being outside of the laws, but which may be perfectly within the employer’s right. Naturally, this may not be the case at all, and they may be discriminating against you, forcing you to work in unsafe conditions, and more.

Either way, it is best to figure out what is going on and to determine your next steps after consulting with a knowledgeable attorney.

State and Federal Rules

In addition to figuring out if you have a case, you then have to know how to go about pursuing it. After all, if an employer has violated state laws you will need to contact the relevant state entities to make a formal complaint or begin the legal proceedings. If it is a violation of federal rules, you may need to get in touch with a host of different groups ranging from OSHA to the IRS.

Obviously, this is all very complex material, and you may just be too nervous or unsure to even begin the process. This is precisely why a lot of people lose out on worker’s compensation payments – they feel overwhelmed by the process and then just give up on making a valid complaint. If they had contacted an attorney as soon as an incident took place, though, they would not be the one doing all of the difficult work.

If you simply keep in mind that coming up against federal or West Virginia employment law cases is best done with an advocate on your side, you will have a much better outcome. You will not feel overwhelmed, confused, or lost in a maze of red tape and complicated processes.

Don’t allow fear and confusion to stop you from challenging any instances of illegal or unethical employment practices. At Heavens Law, you will be able to discuss any sort of employment related issue with a highly experienced attorney familiar with all facets of this subject matter. They can let you know if your case is one that can proceed and then how to begin approaching the right agencies. Whether it is a matter of compensation after an injury or to challenge wrongful termination, a good attorney is often your smartest “first step”.


  • DOL.gov. Employment Law Guide. 2014. https://www.dol.gov/compliance/guide/