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West Virginia Employment Discrimination Questions & Answers
1 Answer | Asked in Employment Discrimination and Employment Law for West Virginia on
Q: Started work on 5/1 for the state of WV. Had a seizure AT work 5/5 morning. Got fired 6/14. Fired for reasons from seizu

Started work on Monday working for the state of WV.

Had a seizure AT work Friday morning of the same week.

Coworkers heard me hit my head off of desk/computer as I was seizing. Called 9-11 and went to ER by ambulance.

Returned to work on Monday (2 days later)... View More

Cynthia Pietrucha
Cynthia Pietrucha pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Sep 28, 2023

You may have a disability discrimination case. Check with a lawyer in your state to understand your rights under WV law. You can also contact lawyers out of state to understand your rights under federal law. Best of luck!

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... View More

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... View 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... View 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.

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