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Were You Wrongfully Terminated In West Virginia?

Last updated on November 26, 2025

West Virginia is an “at-will” employment state. That means, in most cases, your employer can terminate your employment at any time and for almost any reason—or even for no reason at all. The same right applies to you as an employee: you can leave whenever you choose.

But “almost any reason” is not the same as “any reason whatsoever.”

West Virginia and federal law carve out important exceptions. If you were fired because of discrimination, retaliation, or because you exercised a legal right, your termination is unlawful—no matter what your employer claims. These are known as wrongful termination or wrongful discharge claims, and they give you the power to hold your former employer accountable.

At Bouchillon Crossan & Colburn, L.C., we have spent decades helping West Virginians fight back against illegal firings. Whether you were let go because of your age, race, gender, disability, pregnancy, whistleblowing activity, workers’ compensation claim, or any other protected reason, our Huntington-based employment lawyers are here to protect your rights and pursue the full compensation you deserve.

If you have been fired because of your age, religion, gender or the color of your skin, it is a wrongful termination.
If you were let go because you blew the whistle on illegal workplace activities, it is a wrongful termination.
If your employer terminated your employment because you sought or accepted workers’ compensation benefits, it was a wrongful termination.
If your employer fired you after you reported sexual harassment or because you would not engage in sexual misconduct, it was a wrongful termination.

It can be difficult to know whether your termination was legal or illegal. After all, employers are not going to tell you that they fired you for an unlawful reason.

Wrongful Termination In West Virginia: Frequently Asked Questions

The more you know about your rights as an employee, the better. As such, we are happy to provide the following questions that our firm hears most frequently:

What is considered wrongful termination under West Virginia law?

If you are an at-will employee, your employer does not necessarily need to give you a reason when firing you. However, this doesn’t mean the employer can fire you for any reason. If it is an illegal reason, then you may be able to take legal action. Examples of illegal reasons to fire someone include retaliation for whistleblower complaints, firings that violate an employment contract or terminations based on a protected class, such as age, race, religion, gender, national origin and more.

How can I prove that my termination was unlawful or discriminatory?

In some cases, you may have direct evidence, such as email messages, text messages or verbal statements made by your boss, indicating why you were fired. But you may also need external evidence, such as a pattern of behavior. For instance, even if your boss never says you are being fired because of your race, if all other workers of the same race are also terminated, the pattern shows it may be illegal.

What are my rights in West Virginia if I’ve been wrongfully terminated?

You may be able to sue your former employer. In some cases, workers seek to get their jobs back. But many workers would rather move on, so they are just seeking appropriate compensation while they look for another job.

What kind of compensation might I be entitled to if I have been wrongfully terminated?

Compensation can begin with earnings that you have lost. This could include unpaid wages, lost commissions and more. If you get a new job with lower pay, you may deserve compensation for a reduction in wages. You also want to consider out-of-pocket expenses, lost benefits and even emotional distress.

Common Examples of Wrongful Termination in West Virginia

Here are some of the most frequent situations our firm sees that can form the basis of a successful wrongful termination claim:

Discrimination Based on Protected Characteristics: It is illegal to fire someone because of their race, color, religion, sex (including pregnancy and sexual orientation), national origin, age (40 and older), disability, or genetic information. These protections come from both the West Virginia Human Rights Act and federal laws such as Title VII, the ADEA, and the ADA.
Retaliation for Filing a Workers’ Compensation Claim: West Virginia Code § 23-5A-1 specifically prohibits employers from firing or discriminating against an employee because they filed (or intended to file) a workers’ compensation claim after a workplace injury.
Whistleblower Retaliation: If you reported illegal activity, safety violations, fraud, or patient/endangerment issues—and were fired as a result—you may be protected under the West Virginia Whistleblower Law, OSHA, or other state and federal statutes.
FMLA Interference or Retaliation: Taking approved medical leave or family leave under the Family and Medical Leave Act is your legal right. Terminating someone for using FMLA leave (or even planning to use it) is unlawful.
Sexual Harassment or Refusal to Tolerate a Hostile Work Environment: Firing an employee for reporting sexual harassment, or because they refused to engage in or tolerate sexual misconduct, is illegal retaliation.
Refusing to Commit an Illegal Act: West Virginia recognizes a strong public-policy exception: you cannot be fired for refusing to break the law at your employer’s direction.
Pregnancy or Disability Accommodation Issues Leading to Termination: Failing to provide reasonable accommodations—and then firing an employee for performance issues caused by the lack of accommodation—violates both state and federal law.
Jury Duty, Voting, or Military Service: Terminating someone for fulfilling civic duties or military obligations is strictly prohibited.

How Long Do You Have to File a Wrongful Termination Claim in West Virginia?

Time is critical in employment cases. Missing a deadline can forever bar your claim.

Discrimination claims under the West Virginia Human Rights Act: You have 365 days from the date of termination to file a charge with the WV Human Rights Commission, or 2 years to file directly in circuit court.
Federal discrimination claims (Title VII, ADA, ADEA): You must file a charge with the EEOC within 300 days.
Workers’ compensation retaliation claims: Generally 1 year, but consult an attorney immediately.
Breach of contract or common-law public policy claims: Usually 2 years.

The clock typically starts the day you are notified of your termination. Don’t wait for a severance package or “official” paperwork. Call an experienced attorney the moment you suspect your firing was illegal.

Talk To An Attorney Who Can Help

This is why it is so important to talk to an attorney who is experienced handling wrongful discharge claims.

At Bouchillon Crossan & Colburn, L.C., in Huntington, we can help you understand your rights and options. Our lawyers have extensive experience handling wrongful termination claims and other employment law matters in West Virginia.

Were you fired for illegal reasons? Talk to a lawyer who can protect your rights. You can contact our law offices online or by telephone at 304-521-4636.