West Virginia General Separation Notice
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FAQ
If you have received severance pay from your employer, the severance is often considered income and may offset any unemployment compensation to which you are entitled. You will be ineligible for benefits for the number of weeks of severance you received.
The weekly benefit amount is calculated by dividing the sum of the wages earned during the highest quarter of the base period by 26, rounded down to the next lower whole dollar.
It is possible, in serious cases, to have your employment terminated without receiving a prior warning. In these cases, the misconduct will usually be something that destroys the trust and confidence your employer has in you, so that the employment relationship cannot continue, Badenhorst says.
Your employer can terminate your employment at any time and without warning. They do not need to have a good or valid reason to let you go, so long as they are not firing you for discriminatory reasons. If your termination is not tied to severe workplace misconduct, you dismissal is considered one without cause.
The minimum weekly benefit rate is $24.00 and maximum benefit rate is $424.00.
If you are receiving severance pay, you will not receive benefits until the VEC contacts the employer about the severance payments. Severance pay may potentially block unemployment benefits for the period of time to which it is allocated by the employer.
At-will employment is an employer-employee agreement in which a worker can be fired or dismissed for any reason, without warning, and without explanation.
In West Virginia, as in other states, employees work at will. This means an employee can generally be fired at any time and for any reason, or for no reason at all.
When is the final paycheck due when an employee is fired under West Virginia law? As per W. Va. Code § 21-5-4, when an employee is fired, the employer must give a final paycheck to him or her within seventy-two (72) hours.
As a general proposition, a Virginia employer is not legally obligated to provide the employee with written notice of a termination decision. Some employers, however, prefer to do so. In addition, sometimes the employee will not be returning to the employer's premisesin such a case, a termination letter is necessary.
