Charleston Retaliatory Discharge Attorney
West Virginia treats retaliatory discharge as a serious workplace violation. Although employers can fire employees for any or no reason, they cannot punish employees for engaging in a legally protected activity. You do not deserve to face a sudden termination for reporting discrimination or filing a workers’ compensation claim.
At Bouchillon Crossan & Colburn, L.C., we stand as helpful legal advocates for Kanawha Valley workers. Our Charleston retaliatory discharge attorney, Amy C. Crossan, will fight for your rights and hold your employer accountable for their illegal action.
How Businesses In Charleston Protect Themselves From Liability
Organizations in Downtown Charleston anticipate potential liabilities by working with corporate defense firms. We recognize this issue can deter employees from filing employment lawsuits, fearing that they do not have a chance. You can rely on us to stand our ground, as we refrain from getting involved in office politics.
Our office’s location in Huntington gives us the independence to deliver uncompromised representation paired with straightforward strategies that leverage the law.
Factors That Trigger Retaliatory Discharges In Charleston
You may have a retaliatory discharge claim if your supervisor commits these unlawful acts:
- Discharges or harasses you after filing a valid workers’ compensation claim
- Terminates or forces you to resign after blowing the whistle on safety violations, fraud or regulatory non-compliance
- Demotes or cuts your pay after opposing discriminatory practices at the workplace
Unfortunately, retaliation occurs across industries. Public agency workers lose their jobs for exposing gross waste or filing civil service grievances. Healthcare staff face hostile shift scheduling after raising concerns about patient safety. The same happens for hourly employees and corporate personnel.
Starting a formal civil litigation within the Kanawha County Circuit Court is one option to explore. Consider seeking advice from a Charleston employment lawyer to learn more about your options.
Answering Questions About Retaliatory Discharge
We provide more insights into your rights as an employee by answering common questions asked about retaliatory discharge.
Q: Can my boss fire me for filing a workers’ compensation claim in Charleston, West Virginia?
A: No. Under West Virginia law (W. Va. Code § 23-5A-1), an employer cannot terminate, demote or discriminate against an employee solely because they filed or attempted to file a Workers’ Compensation claim following a workplace injury. If you were fired shortly after reporting an on-the-job injury, you may have grounds for a retaliatory discharge lawsuit.
Q: How do I prove that I was fired out of retaliation and not for a “performance issue”?
A: Because employers rarely admit to illegal retaliation, courts look at circumstantial evidence. Key indicators include timing (a sudden firing or disciplinary action shortly after you engaged in protected activity), a sudden shift in performance reviews despite a previously clean record, or proof that you were treated more harshly than coworkers in identical situations. Documenting every conversation and email is crucial to building a strong case.
Q: What is the West Virginia Whistleblower Law, and who does it protect?
A: The West Virginia Whistleblower Law protects public sector employees (such as state, county and municipal workers) who report wrongdoing, waste, or statutory violations to an employer or government authority in good faith. Additionally, private-sector employees who refuse to violate state laws or public policy are protected from retaliatory discharge under West Virginia common law (known as a Harless claim).
We Can Be Your Legal Advocate Against Unjust Employer Practices
If you or a co-worker recently lost their job for exercising rights, we can help you build a case. Call us at 304-521-1225 or fill out our contact form to schedule an appointment.