West Virginia Employment Termination or Firing Package
Description
How to fill out Employment Termination Or Firing Package?
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FAQ
Neither federal nor state laws in the United States mandate severance pay. The U.S. Department of Labor clarifies that ?severance pay is a matter of agreement between an employer and an employee (or the employee's representative),? with no requirement under the Fair Labor Standards Act (FLSA).
No, state law does not require employers to provide any type of employee fringe benefits such as holiday pay, PTO, vacation pay, sick leave, etc. to their employees.
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.
Severance pay is often granted to employees upon termination of employment. It is usually based on length of employment for which an employee is eligible upon termination. There is no requirement in the Fair Labor Standards Act (FLSA) for severance pay.
Severance pay is not required by the Fair Labor Standards Act (FLSA); how and whether an employer chooses to grant severance pay is at its discretion. Each employer is different. The employer's personnel manual or policies may or may not have a written policy on severance.
Generally, under W. Va. Code § 21-5-4, an employer must issue a final paycheck to a terminated employee within seventy-two (72) hours.
Code § 21-5-4, when an employee is fired, the employer must give a final paycheck to him or her within seventy-two (72) hours.