News - Category Archives: Employment Law

In West Virginia (WV), Kentucky, (KY), or Pennsylvania (PA), and indeed the entire United States, employees may bring a claim against an employer based on discrimination for a variety of reasons. Cases involving age discrimination, gender discrimination, and racial discrimination are probably the most common forms of discrimination claims. An employer has several options for responding to such claims, depending on the type of complaint that the employee has brought and the current stage of the …

The prospect of losing one’s professional license in West Virginia (WV) can be an extremely stressful experience. When one is faced with disbarment or license revocation, one’s entire source of income becomes threatened.  There is also an element of public shaming, and of course the possibility of fines and other sanctions.  With so much at stake, it is imperative that those facing license revocation or disbarment obtain representation from a skilled and dedicated WV professional license …

Age discrimination in West Virginia (WV) is not something many people talk about. However, it is a real issue for real people. Nobody should be singled out because of age, especially when it comes to employment or other factors that can influence a person’s future. While age discrimination may make a person feel bad, it goes much deeper than that. It is against the law. As a result, employers must take action to prevent and address …

The Basics of Wrongful Termination in WV In West Virginia (WV), the law classifies employees as “at-will” status. This means that employees can essentially be fired at any time for any reason or even for no reason at all. With the existence of such laws, it may seem impossible for employees to file a claim against their employers for wrongful termination in WV. However, there are certain situations that fall into the category of wrongful …

If you’re considering any reductions in force or making changes to your employee performance evaluation protocols, it’s important to analyze the effect any such changes may have on your older employees. Any changes in employment that have a “disparate impact” on employees 40 years or older put you at risk for violating the Age Discrimination in Employment Act of 1967 (ADEA). West Virginia (WV)-based employers with questions about the application of the Age Discrimination in …

A woman initiated charges in U.S. District Court for the Southern District of West Virginia against Dish Network LLC at the end of March 2017 on the basis of race and gender (also referred to as “sex”) discrimination. According to the complaint, between 2013 to the woman’s termination from her position on January 7, 2016, she was rejected from various positions at Dish Network and claims to have incurred significant monetary losses. The woman alleges …

Age discrimination is not something that many people talk about. However, it is a real issue for real people. Nobody should be singled out because of age., especially when it comes to employment or other factors that can influence a person’s future. While age discrimination may make a person feel bad, it goes much deeper than that. It is against the law. What is Age Discrimination? Age discrimination involves treating someone unfavorably based on their …

West Virginia classifies employees as “at will” status. This means that employees can essentially be fired at any time for any reason or even for no reason at all. With such laws existing, it may seem impossible for employees to file a claim against their employers. However, there are certain situations that fall into the category of wrongful termination and can be pursued in the courts. The following are reasons for wrongful termination in the …

The Labor Management Reporting and Disclosure Act (LMRDA) regulates the rights union members have against their unions. LMRDA actually has a bill of rights within it. One of the most litigated rights is the union members’ right to free speech. Here are some of the highlights. Section 101(a)(2) of LMRDA provides for union members’ right to free speech and assembly. The free speech rights of union members under LMRDA are even more powerful than our …

The Davis-Bacon Act (March 3, 1931) ensures that “laborers and mechanics” on federal and D.C. public construction projects of $2,000 or more are paid the prevailing wage, that is, the wage that is being paid for similar work in the region. To help accomplish the purpose of the Act, Congress added “Davis-Bacon” prevailing wage provisions into other laws through which federal agencies fund and insure public construction projects. These are known as the “related Acts.” …