Wrongful Termination in West Virginia: What Qualifies and What You Can Do
Speak With a Huntington Employment Lawyer | Call 304-521-4341
Being fired from your job is difficult. Being fired for an illegal reason — like discrimination or retaliation — is more than unfair, it’s a violation of your rights. In West Virginia, many employees believe that because the state follows “at-will” employment rules, they have no legal protection. That’s not true.
At McClure & Goad PLLC, we help workers across Huntington and West Virginia navigate wrongful termination claims and hold employers accountable. If you were let go and it didn’t feel right — it may not have been. This guide explains what counts as wrongful termination, how to respond, and why having an employment attorney in Huntington WV makes all the difference.
Wrongful Termination in WV: What Counts — and What Doesn’t
West Virginia is an “at-will” employment state. This means that most employees can be fired at any time, for almost any reason — or no reason at all. But there are clear limits to what’s legally allowed. If your firing violates a law, contract, or protected right, it may be wrongful termination.
Here’s what wrongful termination can look like in West Virginia:
- You were fired after filing a harassment or discrimination complaint.
- You requested leave under the Family and Medical Leave Act (FMLA) — and were let go shortly after.
- You reported unsafe conditions or illegal behavior — and lost your job soon after.
- You refused to break the law on your employer’s orders.
- You were let go because of your race, gender, disability, age (40+), religion, or pregnancy.
These are not “gray areas.” They’re protected under both West Virginia and federal law. The problem? Many employers disguise unlawful firings with phrases like “restructuring,” “not a good fit,” or “policy violation” to cover their tracks.
That’s why it’s critical to talk to a lawyer as soon as possible. Our employment attorneys in Huntington WV can help determine if your termination crossed the legal line.
📞 Call 304-521-4341 to speak with a wrongful termination attorney today.
What to Do If You Think You Were Fired Illegally
After a termination, you may feel shocked, angry, or unsure of what to do next. But your next steps can have a big impact on your case — especially if you act quickly and strategically.
Here’s what you should do:
1. Write everything down.
Note what was said during your termination, who was present, and any conversations or behavior leading up to it. A timeline can make all the difference.
2. Save all documents.
Keep your offer letter, employee handbook, performance reviews, HR emails, and any texts or memos that may relate to your job or firing.
3. Don’t sign anything without legal review.
Employers often present severance agreements with legal waivers — and once you sign, you may lose the right to sue. Always consult with a lawyer first.
4. Be cautious about what you say online.
Posting about your employer on social media or talking publicly can harm your case. Let your attorney do the talking.
5. Contact a lawyer as soon as possible.
West Virginia law limits the time you have to file a claim. Waiting too long can mean missing your chance altogether.
Why Hiring an Employment Lawyer Makes a Big Difference
Even when you know you were treated unfairly, proving wrongful termination takes legal knowledge, evidence, and strategic pressure. Employers (and their attorneys) will often argue your firing was legitimate. Without a lawyer of your own, you’ll be at a serious disadvantage.
Here’s how our attorneys help you:
We clarify if your firing was illegal.
We know the laws — and the loopholes employers use. We'll evaluate your case and give you honest guidance about your legal options.
We gather evidence and file your claim.
From HR records to witness statements, we help build your case and handle all filings — whether it's with the EEOC, the WV Human Rights Commission, or in court.
We advocate for your compensation.
You may be entitled to damages like:
- Lost wages and benefits (back pay and front pay)
- Emotional distress or reputational damage
- Attorney’s fees
- Reinstatement (in some public cases)
- Punitive damages for egregious employer behavior
We protect you from retaliation.
Just contacting a lawyer or filing a complaint can make some employers angry. We stand between you and further harm, ensuring your rights are protected at every step.
We only get paid if you win.
McClure & Goad takes many employment cases on a contingency fee basis — so you don’t pay unless we recover compensation for you.
You Have Legal Rights — Let’s Make Sure They’re Respected
Whether you were fired yesterday or months ago, if it didn’t feel right — trust your gut. Wrongful termination is real, and you may be entitled to justice, compensation, or even reinstatement. But you can’t wait.
In West Virginia, you typically have:
- 180 to 300 days to file with the EEOC (depending on your case)
- 365 days to file with the WV Human Rights Commission
- 2 years for most wrongful discharge lawsuits in civil court
The sooner you act, the stronger your case. Evidence disappears. Memories fade. Employers regroup.
We’re here to act fast — and act for you.
📞 Call McClure & Goad at 304-521-4341 to schedule your free consultation.