These forms contain a sample motion requesting permission to hire counsel, an order granting the motion, and a complaint alleging failure to pay Workmen's Compensation benefits and wrongful termination.
West Virginia Motion, Order and Complaint - Worker's Compensation - Wrongful Termination
State:
Multi-State
Control #:
US-PI-0251
Format:
Word;
Rich Text
Instant download
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How to fill out Motion, Order And Complaint - Worker's Compensation - Wrongful Termination?
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FAQ
West Virginia requires injured workers to file an application for benefits within six months of the date of injury. Do not allow yourself or your loved one to miss out on valuable financial help to replace lost wages, cover medical expenses, and more.
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.
§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.
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.
If a reasonable person would find the behavior egregiously intimidating or abusive, there's a good chance your legal claim is valid. A hostile working environment may involve: Discrimination on the basis of sex, gender, age, race, pregnancy, or disability. Sexual harassment.
In short, West Virginia law says that you can sue your employer for compensation if there was 1) an unsafe working condition; 2) that your employer actually knew about; 3) that unsafe working condition violated a safety law or industry standard; 4) that your employer intentionally exposed you to; and 5) and that ...
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.