The term “employment claim” encompasses a number of different types of action between an employee and employer, whereby one of the parties seeks monetary compensation from the other for injuries or monetary losses, or where the parties dispute the terms of the employment – i.e. their statutory, contractual (or union) employment rights or obligations.
The types of employment claims that we handle most frequently include actions for wrongful discharge or wrongful termination, Discrimination, and whistleblower actions. We also handle claims where the employment rights and obligations between the employee and employer are in dispute. Please contact the the experienced employment law attorneys at Adams Legal Group, PLLC for a free evaluation of your employment claims today – (304)381-2166.
Wrongful Discharge Claims
In an “at-will” employment state/jurisdiction, an employer generally may terminate an employee at any time, with or without notice and with or without any cause. However, even in an at-will state, such as both WV and PA, there are certain exceptions to this general rule, which makes the termination wrongful, such as where it is in violation of an employment contract, union contract, statutory provision, is discriminatory in motive, or is motivated by some other improper purpose that is in violation of a substantial public policy. Please visit our wrongful discharge page for more information or contact us today for a free consultation on your legal issues.
If you are facing a hostile work environment, passed up for promotion, demoted, or otherwise treated differently from similarly situated employees on account of your protected status – age, sex, race, national origin, color, religion or disability, then you may have a claim against your employer for discriminatory employment practices.
If you have been singled out because of your concerns about safety or employment practices, particularly about those practices being in violation of some applicable rule, regulation or law, and your employer takes action against you for raising or reporting those claims, then you have legal rights. The law is designed to protect employees who report and attempt to redress safety concerns and violations of laws by an employer. If you have faced reprisal or retaliation on account of your reports of safety concerns or illegal conduct by your employer, then you may have a claim for whistleblower retaliation.
West Virginia Wage Payment Claims
West Virginia has a statutory legal requirement that employers pay wages to their employees in a consistent and timely manner, both as regular employees and upon termination of the employment relationship. If you were terminated by your employer and you have not received your wages and benefits then owing, in a timely manner, then you might be entitled to additional compensation and penalties may be assessed against the employer.
Contractual Employment Issues
We have represented employees and employers in actions and transactions respecting the terms and contract of employment. We have handled claims and transactions related to non-compete clauses, medical leave, benefits packages and severances, among others. If you are an employer and need to evaluate your legal rights in relation to a dispute with an employee or solidify those rights through employment policies, rules or a handbook, contact us for a free evaluation of your issues. If you are an employee and have questions about your legal rights or obligations under the terms of your employment and applicable state and federal laws and regulations, please call us today to discuss your matter.
During an Employment Interview, Can an Employer Request an Interviewee’s Facebook Log-in Information?
This is a very interesting issue and seems to be a hot topic of debate, with employers, job seekers and state and federal legislators scuttling about to address this issue. I have read articles about what law makers are doing to tackle this issue, and now have written a brief reflection on the implication to job-seekers of a prospective employer’s request for Facebook log-in information.