Can I terminate employees without violating employment laws in West Virginia? What are the requirements?

Based on the documents provided, there are certain laws in West Virginia that govern the termination of employees.

Requirements for Terminating Employees in West Virginia

According to WVCO 21A-2-11, all severances must be for good cause. Failure to maintain technical or professional qualifications shall be a good cause for severance. This means that employers must have a valid reason for terminating an employee, such as poor performance or violation of company policies.

Additionally, WVCO 6C-1-5 provides protection for whistle-blowers. If an employee is terminated for reporting illegal or unethical behavior, they may be entitled to reinstatement, back wages, and other remedies.

It is important to note that the classification of employees and independent contractors is also governed by West Virginia law. WVCO 21-5I-4 provides criteria for classifying workers as independent contractors, and failure to meet these criteria may result in the worker being classified as an employee.

Employers may test current and prospective employees for drugs or alcohol in accordance with WVCO 21-3E-4. However, employers must adhere to the accuracy and fairness safeguards outlined in this article. If an employer implements a drug-free workplace program in accordance with WVCO 21-3E-16, which includes notice, education, and procedural requirements for testing for drugs and alcohol pursuant to this law, the employer may require the employee to submit to a test for the presence of drugs or alcohol. If an employee is terminated because alcohol or a drug is found to be present in the employee’s system at a level proscribed by the employer’s policy, the employee, if injured at the time of the intoxication, forfeits indemnity benefits under the Workers’ Compensation Laws.

Conclusion

In summary, employers in West Virginia must have a valid reason for terminating employees and should be aware of laws related to employee classification, whistle-blower protection, and drug testing. It is recommended that employers consult with legal counsel to ensure compliance with all applicable laws.

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Source(s):

• [1.1] Certain laws may be superseded.
• [1.2] Classification of independent contractors and employees.
• [1.3] Short title.
• [4.1] Employer testing; notice; termination; forfeiture.
• [4.2] Employers may test current and prospective employees for drugs or alcohol.
• [2.3] Discriminatory and retaliatory actions against whistle-blowers prohibited; promotion, increased compensation protected.
• [4.3] Sensitive employees.

Jurisdiction

West Virginia

• Labor