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West Virginia law protects employees from employer retaliation for many types of actions. Here is a short summary of some West Virginia anti-retaliation laws:*Garnishment (W. Va. Code § 46A-2-131)Employers may not discharge or take any other form of reprisal...
Like many states, West Virginia's dog bite law is a mix of statutory and common law. West Virginia,W.Va.Code § 19-20-13 states, quite simply, that a dog owner or keeper is liable for any damages for injuries to person or property by his or her dog while at-large,...
There are few federal limitations on employers testing employees for drugs. Although the federal government requires testing by employers in safety-conscious industries like aviation, transportation, and for NASA and DOD contractors, federal law neither requires nor...
A rule adopted by the West Virginia legislature significantly affecting West Virginia employers took effect last summer on July 1, 2015. This rule amended the procedures required for West Virginia employers to verify the legal employment status of their employees....
In every state but Montana, employers may follow "at-will" employment policies. West Virginia observes this doctrine of "employment at-will," which means that employment may be terminated at any time, with or without cause, at the will of either party. Williamson v....
It's always easier to get a job when you already have one. Even when the economy is in the dumps, employers view the unemployed as damaged goods. At best, you'll have to explain any gaps in your resume. At worst, you won't get an interview at all. But what about when...
More than 40 million Americans and 411,000 West Virginians have some kind of disability, whether physical, mental, sensory, or cognitive. At times, in order to effectively perform their jobs, these individuals may need some workplace adjustment or accommodation to...
It's always a little nerve-wracking to be behind the wheel of a motor vehicle that contains children. No one wants to make an error or mistake while driving that results in an injury to a child. Passenger safety is a growing concern among parents and those who govern...
Since taking effect in 1986, the Medical Professional Liability Act, W.Va. Code § 55-7B-1 et seq, has contained the statutory scheme for medical malpractice litigation in West Virginia. The legislature's stated objective of the Act is to provide "adequate and...
Following too closely is defined by the US Federal Motor Carrier Safety Agency as "situations in which one vehicle is following another vehicle so closely that even if the following driver is attentive to the actions of the vehicle ahead he/she could not avoid a...