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Lay Off The next regular payday. Whenever an employee is terminated, quits, or resigns from employment, the employer must pay that employee's final wages, including any fringe benefits that are payable directly to the employee, on or before the next regular payday on which the wages would otherwise be due and payable.
The bottom line: Studies show that employees who are taking vacation days, even if they don't go on vacation, are more productive in the office. However, there are situations where cashing out PTO can be beneficial and stress-reducing, like paying debts or covering needed repairs.
Even though West Virginia doesn't have a law requiring payment of accrued, unused vacation at termination, employers can still be responsible for paying this if there is a company policy that requires it.
The West Virginia Equal Pay Act prohibits private and public employers from paying wages to any employee at a rate less than the rate paid to employees of the opposite sex for work of comparable character, the performance of which requires comparable skills.
West Virginia is a right-to-work state. Therefore, no employee can be required to join a union as a condition of employment.
Like numerous other states, West Virginia has established at-will employment laws. This means if they do not have a contract in place and there are no laws specifying otherwise, employers are able to fire employees at any time. Further, they do not have to have a valid reason to do so.
An employer shall furnish each employee with a written pay stub for each pay period that the employee works that includes the employee's rate of pay, overtime rate of pay, if any, the units of time or rate used to calculate his or her wages, and a statement of deductions made from his or her gross pay.
Not required. Employers only follow their own company policy. The state does not require that employers provide a PTO payout at termination. A company policy or employment contract defines whether accrued, untaken vacation is paid upon termination.