A gym in Beckley, West Virginia, recently fired an employee following accusations that he secretly photographed female members as they used the facility’s tanning beds. At the time of the dismissal, police had not arrested in the case, and the employee had not been charged with a crime. Therefore, it appears that the employee was dismissed based on accusations alone. And although not enough information is available to provide a legal analysis of this specific case, it raises an interesting legal question: under what circumstances may an employee sue his or her employer for wrongful termination?
What is wrongful termination?
Wrongful termination occurs when an employer fires an employee for an illegal reason. However, the reason for the firing must be explicitly prohibited by law—an employee who simply feels that his or her termination was unfair isn’t enough to warrant legal action. The line between unfairness and wrongful termination can be difficult to assess, though, without the assistance of experienced legal counsel. Therefore, anyone who believes he or she was fired for a reason prohibited by law should immediately contact a West Virginia employment attorney for guidance.
Grounds to sue an employer for wrongful termination
As noted above, wrongful termination occurs when an employer fires an employee for an illegal reason. Grounds to sue an employer for wrongful termination include:
- The employer’s violation of federal anti-discrimination laws, including termination based on race, national origin, color, sex, religion, disability, pregnancy, and age.
- The employer’s violation of West Virginia wrongful termination laws and state employment laws.
- The employer’s violation of an employment contract.
- The employer’s termination of an employee to retaliate against an employee for exercising a legal right.
- The employer’s termination of an employee for refusal to perform an illegal act.
- The employer’s termination of an employee for taking time off that he or she was legally entitled to.
- The employer’s violation of its disciplinary policies.
West Virginia Employment Attorneys
As an employee in West Virginia, you are entitled to certain protections. When your employer disregards your rights and West Virginia employment laws, you need an experienced and aggressive advocate to fight for you. At Hewitt & Salvatore, PLLC, our West Virginia employment attorney will help you navigate West Virginia’s complicated employment laws while fighting to ensure you receive the compensation you deserve. At Hewitt & Salvatore, PLLC, our wrongful termination attorneys will analyze the facts of your case and devise a strategy that gives you the best chance at a successful outcome. If upon analyzing your situation, we find that your employer violated West Virginia’s employment laws, our experienced legal team will work to ensure that you receive the financial compensation you deserve. If you’ve been wrongfully terminated or have suffered mistreatment by your employer, please contact us as soon as possible for a consultation.
Posted in: Wrongful Termination