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Even though West Virginia doesn't have a law requiring payment of accrued, unused vacation at termination, employers can still be responsible for paying this if there is a company policy that requires it.
Like numerous other states, West Virginia has established at-will employment laws. This means if they do not have a contract in place and there are no laws specifying otherwise, employers are able to fire employees at any time. Further, they do not have to have a valid reason to do so.
This means that your employer can fire you for any reason, as long as it is not an illegal one. Nevertheless, the motivating factor behind your termination must also be valid ? if you feel that the reason given for your dismissal was not the "real" reason, you may have a claim for wrongful termination.
§55-7E-2. (1) Employees of this state are entitled to be free from unlawful discrimination, wrongful discharge and unlawful retaliation in the workplace. Employers are often confronted with difficult choices in the hiring, discipline, promotion, layoff and discharge of employees.
When you are ready to dissolve your West Virginia corporation, you file original Articles of Dissolution with the West Virginia Secretary of State, Business Division (SOS). West Virginia SOS does not require the use of their forms. They do not require original signatures.
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.
Like numerous other states, West Virginia has established at-will employment laws. This means if they do not have a contract in place and there are no laws specifying otherwise, employers are able to fire employees at any time. Further, they do not have to have a valid reason to do so.
Oral contracts are spoken agreements. Agreements that are not in writing may sometimes be binding. There are certain limitations on the enforceability of oral employment contracts that do not exist for written employment contracts.