Ask Reggi Your Question Now

Reggi is the free generative AI assistance for regulatory compliance
Ask a Question

Can I fire employees for reasons other than poor performance in West Virginia? What are the requirements?

Yes, an employer in West Virginia can fire employees for reasons other than poor performance, but there are certain requirements that must be followed. According to WVCS 217-01-11, an agency may dismiss any employee for cause, but the agency must file the reasons for dismissal and the reply, if any, with the Division. Prior to the effective date of the dismissal, the agency head or his or her designee shall meet with the employee in a predetermination conference and advise the employee of the contemplated dismissal, provided that a conference is not required when the public interests are best served by withholding the notice or when the cause of dismissal is gross misconduct. The employee shall be given oral notice confirmed in writing within three working days, or written notice of the specific reason or reasons for the dismissal. The employee shall be given a minimum of 15 days’ advance notice of the dismissal to allow the employee a reasonable time to reply to the dismissal in writing, or upon request to appear personally and reply to the agency head or his or her designee. Provided, that 15 days’ advance notice is not required when the public interests are best served by withholding the notice or when the cause of dismissal is gross misconduct [4.1].

Additionally, an agency may dismiss an employee for job abandonment who is absent from work for more than three consecutive workdays or scheduled shifts without notice to the agency of the reason for the absence or approval for the absence as required by established agency policy. Consecutive scheduled workdays or scheduled shifts are determined without regard to scheduled days off that occur during the period of absence without notice or approval. Thus, annual leave, holidays, modified holiday observance, compensatory time, regularly scheduled days off, or any other time for which the employee was not scheduled to work during the period of absence shall not constitute a break when determining the three consecutive scheduled workdays. The dismissal is effective 15 days after the agency notifies the employee of the dismissal. Whereas job abandonment is synonymous with the term resignation, a predetermination conference is not required, and an employee dismissed for job abandonment is not eligible for severance pay [4.1].

It is important to note that if an employer is not maintaining West Virginia workers’ compensation insurance, the Commissioner shall issue a written notice to the employees of that employer. The notice shall inform the employees of the default of their employer and the effective date thereof. The notice shall also inform the employees of the legal consequences, as it affects the employees, of the default or termination of their employer [2.1].

Finally, any expenses incurred relative to the grievance procedure at levels one, two or three shall be borne by the party incurring the expenses. In the event a grievant or employer appeals an adverse level three decision to the circuit court of Kanawha County, or an adverse circuit court decision to the Supreme Court of Appeals of West Virginia, and the grievant substantially prevails upon the appeal, the grievant may recover from the employer court costs and reasonable attorney’s fees for the appeal to be set by the court [1.2].

Source(s):
Jurisdiction

West Virginia