West Virginia At Will Employment Agreement

State:
Multi-State
Control #:
US-00003DR
Format:
Word; 
Rich Text
Instant download

Description

In most instances, an employment contract will not state its expiration date. In such a case, the contract may be terminated at any time by either party. If the employment contract does not have a definite duration, it is terminable at will. This is called employment at will. Under the employment at will doctrine, the employer has historically been allowed to terminate the contract at any time for any reason or for no reason. Some State Courts and some State Legislatures have changed this rule by limiting the power of the employer to discharge the employee without cause.

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FAQ

West Virginia's Minimum Wage and Maximum Hours Standards Law requires that nonexempt employees be paid a minimum wage of $8.75 per hour. The law generally applies to an employer with six or more employees in any one separate, distinct and permanent location during any calendar week.

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.

Wrongful termination is when an employee is fired illegally. This occurs when an employee is terminated because of discriminatory practices in the workplace, when a company violates public policy in the process of terminating the employee, or when a company's own guidelines for termination were not followed.

West Virginia is an "employment-at-will" state. This means that either the employer or the employee may end the employment relationship at any time and for any reason, unless a law or agreement provides otherwise.

California is an at-will state, which implies that at any moment of jobs with or without reason an employer can terminate you for any reason. This means that if your employer doesn't like your personality if you run out of work, think you're lazy or just don't want staff anymore, they can fire you at any moment.

Grounds for Wrongful Termination in WV: Discrimination At no time can an employee be terminated based on discriminatory bias. While employees are protected on the federal level, WV also has state laws that enhance the restrictions of termination based on an individual's special characteristics.

'Summary dismissal' is dismissal without notice and is only allowed for 'gross misconduct'. This is where a situation is serious enough for your employer to dismiss you without warning (for example, for violence).

Key takeaways: Employers can terminate at-will employees at any time for almost any reason, even without an explanation or warning. Contract employees usually have clearly defined language in their contracts pertaining to discipline and termination.

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West Virginia At Will Employment Agreement