West Virginia Confidentiality in Employment Package
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How to fill out Confidentiality In Employment Package?
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FAQ
The public policy exception to at-will employment protects employees from being fired for reasons that violate public policy. This could include being fired for refusing to do something illegal, reporting illegal activity by your employer, or taking leave under the Family and Medical Leave Act (FMLA).
During an employment relationship, there is an implied duty that employees will conduct themselves with fidelity and good faith. After termination, truly confidential information ('trade secrets') may still be protected by an implied duty of confidentiality.
All states (except Montana) and Washington DC are at-will employment states, but a majority of states have exceptions that tempers the nature of at-will status.
Discrimination: Wrongful termination often involves some form of discrimination. Federal law prevents employers from firing workers based on a number of factors, including the following: color, race, national origin, ethnicity, genetic information, citizenship status, religion, sex or pregnancy.
The so-called common law duty of confidentiality is complex: essentially it means that when someone shares personal information in confidence it must not be disclosed without some form of legal authority or justification.
It is an implied term of employment that whilst employed and afterwards that an employee must not: Disclose to third parties the employer's confidential information and trade secrets, if obtained during and as a result of, the employment; Use the employer's confidential information for their own purposes.
A written request to check files is required. Employers must keep files of former employees for at least one year after termination. Employees may view records during regular business hours in a location at or near the worksite.
West Virginia is an at-will jurisdiction, which means that either the employer or the employee, absent contractual or statutory (e.g., anti-discrimination, anti-retaliation) provisions, may end the employment relationship without cause and for any or no reason. Cook v. Heck's, Inc., 342 S.E.2d 453, 457 (W. Va.