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West Virginia Employment Law Questions & Answers
2 Answers | Asked in Employment Law, Personal Injury and Employment Discrimination for West Virginia on
Q: What to do when you get fired from your job after 10 yrs & right before your FMLA is due to be in affect.

I was diagnosed with a serious form of cancer & got fired due to missing 7days in a yr.

Kyle Anderson
Kyle Anderson answered on Jun 24, 2021

Hello, more information is needed here. Did you miss due to your cancer? I would highly recommend reaching out to an employment law attorney to discuss this situation.

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1 Answer | Asked in Employment Discrimination and Employment Law for West Virginia on
Q: I have a layoff letter but my employer told unemployment I resigned

I am receiving unemployment for one year. Now my employer reported that I resigned. I received a layoff letter from them . They didn't pay my pto too.

Rhiannon Herbert
Rhiannon Herbert answered on May 4, 2021

If your employer is claiming you resigned to contest your unemployment claim, you should make sure your unemployment office gets a copy of your layoff letter and explain that you did not voluntarily resign. Whether you are entitled to your unused PTO upon termination is generally governed by... Read more »

1 Answer | Asked in Employment Law and Workers' Compensation for West Virginia on
Q: I was terminated for work performance three months after filing a worker's compensation claim. Do I have a claim?

I was injured on September 4th. Starting two weeks later, I was written up once a month (in September, October, and November) before being terminated 1/1/21. All of the write ups were for work performance. I was never given assistance or accommodation to ease my workload, despite being told that my... Read more »

Kyle Anderson
Kyle Anderson answered on Jan 6, 2021

Hi, I would reach out to an employment lawyer in your state for a consultation. Some states, like Ohio, have laws preventing employers from retaliating or terminating an employee because the employee filed a workers compensation claim.

1 Answer | Asked in Employment Discrimination and Employment Law for West Virginia on
Q: My husband has been out of work since March and has been denied unemployment as he had a partial left foot amputation in

In April and couldn't actively seek work he still has his job when the doctors clear him I am disabled and we have been forced to live on my disability can I sue the unemployment office for benefits including retroactive ones?

Rhiannon Herbert
Rhiannon Herbert answered on Dec 1, 2020

To be eligible for unemployment benefits, the general rule is that the individual must be physically able to work. Thus, during your husband's surgery and post-operative recovery period, he would unfortunately not be eligible to receive unemployment benefits if he was not physically able to... Read more »

1 Answer | Asked in Employment Discrimination, Employment Law and Sexual Harassment for West Virginia on
Q: Hostile work environment do I have a lawsuit ?

I worked with asplundh tree experts LLC for almost a year and I got fired bc I took off a few days because I had been under so much stress and anxiety and I was supporting 7 people in my home and I was threatened with a knife to my stomach and was told he was bonded to shoot me and he would get by... Read more »

Carrie Dyer
Carrie Dyer answered on Aug 26, 2020

More information is needed to analyze your situation. You should contact an employment law attorney in your area to determine if you have a claim under the Americans with Disabilities Act or Title VII for the way you were treated by your former employer.

1 Answer | Asked in Employment Law for West Virginia on
Q: Employees at work received a raise for a certification. ialso received this but did not get te raise. is this a case.
William S. Adams
William S. Adams answered on Feb 17, 2012

On its face, the conduct of the employer appears to treat you and your co-employee differently; however, in order for that conduct to be discriminatory and actionable (i.e. for you to have a case), there must be evidence of an improper discriminatory motive. In particular, if you are a member of a... Read more »

1 Answer | Asked in Employment Law for West Virginia on
Q: WVA law. Ex does not give a 24 r notice, and sometimes does not show. What should I do? This conflicts with my job.

Would also like to know if he has an advocate, should I have one also.

William S. Adams
William S. Adams answered on Feb 11, 2012

It is hard to answer this question without more information. Your question was asked in the Employment Law area, but refers to an Ex and also references a 24-hour notice and no-shows, which implies that perhaps your question relates to a child custody or parenting plan - can you please clarify... Read more »

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