Employment Law

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West Virginia attorneys who fight for workers

You take your job seriously. You work hard. You’re proud of everything you do on the job. That’s why it’s so frustrating when something happens to you without warning at work. Suddenly, you could be out of a job and not even know why.

Maybe you were fired for no good reason. Perhaps your employer violated your rights by not fairly paying you for the time you worked. Or maybe you were sexually harassed or discriminated against because of your race, religion or some other reason in violation of state or federal laws.

Not sure what to do? Don’t know where to turn? You’re not alone. We know what to do. Contact Klie Law Offices immediately. Our experienced West Virginia employment law attorneys can help you if you’re dealing with any one of these issues or if you believe you were treated unfairly at work.

Our areas of practice and knowledge of employment laws includes:

At-Will Employment Laws

West Virginia, like nearly all U.S. states, is an “at-will” state. At-will employment means that an employer can terminate a worker’s employment for any lawful reason, at any time, with some exceptions. (It also means employees are free to quit at any time.) Wrongful termination is still possible if other employment laws are violated in the process.

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Employer Retaliation

When an employee “blows the whistle” on their employer’s violation of employment laws, or exercises their rights under a law such as the FMLA, the employer could attempt to retaliate through threats, reduction of pay, wrongful termination, and more.

Family Medical Leave Act

The Family and Medical Leave Act (FMLA) allows workers to take paid time off for certain medical situations, such as having a baby or caring for a family member who is ill or has a serious health condition.

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Hourly Employees

Employees who work by the hour instead of on a salary have specific laws regarding their wages, break times, and other areas. Break times are one of the top causes of employment lawsuits for hourly workers.

On-Call Employees

Disputes often arise regarding whether or not an employee is working “on-call.” On-call workers are those who live at or very near to their place of work and are required to remain available to work at any time. This is different from employees who must be available for contact from their employer wherever they are.

Overtime Laws

Workers should only have to work a certain number of hours a day or per week before receiving 1.5 times their regular rate of pay, or double pay if they work particularly long hours. These overtime laws are found in the Fair Labor Standards Act.

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Paid Leave

Many employment agreements involve a certain amount of paid leave. This is usually referred to as vacation leave, but can be used by the employee for anything within reason.

Salaried Employees

Although many labor laws involve hourly workers, salaried workers still have a number of rights regarding wages, time off, and treatment in the workplace.

Sexual Harassment

A person can be harassed physically, verbally, or through acts and gestures. Anyone who is acting in a manner that you consider to be inappropriate or harassing should be reported.

Religious Discrimination

Bias against a person’s choice of religion is no cause to treat an employee as inferior, to harass them at work, to prevent their advancement, or to terminate their employment.

National Origin Discrimination

America is renowned as the land of freedom and acceptance. Many immigrants are discriminated against, however, even if they are legal permanent residents or United States citizens.

Pregnancy Discrimination

When a woman becomes pregnant, their employer could discriminate against them due to their condition or even terminate their employment in lieu of having to handle maternity leave.

Disability Discrimination

Labor laws as well as the ADA protect employees from being discriminated against due to a disability. Whether you have a medical condition, a physical disability, or a mental disability, you still have equal rights to any other worker.

Violations of Non-Compete Agreements

A non-compete agreement is usually entered into at the time of employment and requires the employee to refrain from engaging in any act during their employment that would compete with the business of the company.

Wage and Salary Disputes

As an hourly or salaried employee, disputes can arise regarding how much you are being paid or have been paid, overtime rates, vacation pay, and more.

Wrongful Termination

When an employer ends a worker’s employment in a manner that violates federal or West Virginia labor laws, it is considered to be wrongful termination. In these situations, the employee has the right to fight for compensation and justice.

frequently asked questions

What are common employment law complaints?

Many complaints made to employment law attorneys involve not getting paid the proper amount for work that was performed, not receiving overtime pay, not calculating hours worked properly, being misclassified as an exempt vs. a non-exempt worker, and being wrongfully terminated or discriminated against in the workplace.

What should I do if my company doesn’t pay me overtime?

Documenting the amount of time you worked can make a big difference when it comes to getting you the money you rightfully earned at work, so record exactly how many hours you work every day. Then, contact an employment law attorney who can help rectify the situation by taking legal action on your behalf.

Can my boss ask me to work extra hours without paying me overtime?

It depends on your classification. Some are eligible to receive overtime pay, and others, such as some salaried employees, are exempt from overtime. You may be improperly classified under the law, however.

What’s the difference between hourly and salaried employees?

The biggest difference is that salaried employees are generally exempt from being paid overtime, even if they work hours beyond their regular workweek. An employment law attorney can meet with you and let you know if your job qualifies you for overtime pay.

Who do employment law complaints go to in West Virginia?

You may need to file a complaint with the Equal Employment Opportunity Commission (EEOC), U.S. Department of Labor, U.S. Department of Justice or the Wage and Hour Section of the West Virginia Division of Labor, depending on what your specific complaint is.

What is the deadline for filing an employment law complaint in West Virginia?

In general, workers have two years to file a complaint. This is known as the “statute of limitations.” It is always better to take action as soon as you can, because if you wait too long evidence can disappear and the memories of witnesses can fade over time.

How much is my employment law claim worth?

It depends. There isn’t a specific dollar amount that these types of cases are worth. Workers usually simply want to be paid what they are owed for the amount of work they performed for their employer. In some cases, however, thousands, or even millions, of dollars could be at stake. It is a good idea to talk with an employment law attorney as soon as you can about your potential claim. Most offer free case evaluations.

What can I be compensated for?

Some different things you may be financially compensated for, depending on the specifics of your claim, include back pay, front pay, lost benefits, and compensatory damages (that is, compensation for other costs you incurred because of your employer’s conduct). Sometimes an employer is also penalized for violating state or federal labor laws.

Why should I hire a West Virginia employment law attorney?

Employment law cases can be complicated and your employer has a team of attorneys or a legal department working to protect their best interests. An experienced employment law attorney fully understands West Virginia’s labor laws and knows how the system works. They will know which strategy to take on your behalf to get the best outcome for your case.

What kind of employment law cases does Klie Law Offices work on?

In West Virginia and throughout the United States, there are laws protecting employees from maltreatment or wrongful termination in the workplace. These are generally known as labor laws or employment laws.

For the state of West Virginia, these laws are found in Chapter 21 of the West Virginia Code and cover every kind of dispute that could arise, from management relations to illegal drugs, occupational safety to wages and payment. When an employer or coworker violates any of these laws, an employee has every right under the same law to call them out on their actions and to hire legal representation.

Our skilled attorneys can answer all your employment law questions and represent you in your case. Your employer will likely retain an aggressive lawyer, so make sure you hire an attorney to match. As experienced litigators who have handled several hundred trial cases, we know what to do and can aggressively fight for your rights in court.

Contact our employment law firm today if you are facing any kind of employment law situation. Arrange a free and confidential case evaluation by calling 866-408-9059 or by completing the free case evaluation form on this page. Don’t delay. The faster you connect with us, the quicker we can begin investigating your legal case.

Why do I need an employment law attorney?

A violation of employment law can turn your life upside down. If you don’t have an attorney working for you, you could possibly lose many of the things you value – your job, your house, your car and many other possessions you worked hard to obtain.

We understand what’s at stake in such cases. We also know that you only have one opportunity to make their case. That’s why we work so hard. We know that the work we do today can affect our clients for the rest of their lives.

You can expect the same high standards when you hire us to work for you. We treat every client with dignity and respect. We promptly return phone calls. We answer your questions and always put your best interests first.

Contact Klie Law Offices. Call (866) 408-9059 today to schedule a free case evaluation at one of our three offices. We can also meet you in your home or somewhere else if that’s more convenient for you.

Klie Law Offices – we’re here for you when you need us most.