Category Archives: Employment Law
What Happens to the Fee-Shifting Provision of the Wage Payment and Collection Act When Wage Claims Get Resolved Pre-suit?
Cameron Brown recently appealed a Circuit Court of Wayne County order denying his “motion for reconsideration” of the court’s dismissal of his original complaint, arguing that the Circuit Court did not properly interpret the Wage Payment and Collection Act in granting respondent Grayson Assisted Living, Inc.’s motion to dismiss. The West Virginia Supreme Court found […]
West Virginia Supreme Court Reaffirms the Application of Joint Employment Relationship in Claims Against a County Commission
West Virginia has previously held county commission employees may be joint employees of the county commission and an elected county official, including county clerks, circuit clerks, and assistant prosecuting attorneys. The state Supreme Court recently reaffirmed this ruling in Burke v. Wetzel County Commission. Case background Burke began working in the County Assessor’s Office in […]
Day v. WVDMAPS – PFFB&P wins at the WVSCt
On May 14, 2018 the West Virginia Supreme Court of Appeals affirmed the Kanawha County Circuit Court finding that the Capitol Police did not wrongfully discharge the Petitioner. In Day v. WV Dept. of Military Affairs and Public Safety the Court affirmed the judgement as a matter of law that was granted in favor of […]
Recent Statute Requires an Employee’s Mitigation of Lost Wages to Be Held Retroactively
West Virginia juries traditionally awarded employees generous or “double” damages after determining they were wrongfully terminated by an employer who acted with malicious intent or willful disregard for their rights. Double-damage awards typically reflect punitive damages and compensatory damages, which can include both back pay and front pay. Front pay compensates the employee for the […]
Qualified Immunity Shields Government Employer from Employee Claims of Infringement of a Liberty Interest and Wrongful Termination
West Virginia’s at-will-employment doctrine allows employers to terminate an employee at any time with or without notice, and without cause or compensation for any reason provided it’s not illegal. That protects many employers from wrongful termination claims. For government employers, qualified immunity can offer additional protection against lawsuits brought by terminated employees. A Kanawha County […]
PF&F Wins Appeal for West Virginia Board of Education in Superintendent Firing Case
In a case that may have lasting implications for at-will employees of State government, the Supreme Court of Appeals of West Virginia ruled in favor of the West Virginia Board of Education and Board President L. Wade Linger, Jr. In an opinion filed on November 10, 2015, the Court dismissed a controversial lawsuit brought by […]
Coal Mine Disasters: Lessons Learned
On September 13, 2012, West Virginia mineworker William Mock was killed when a section of the roof of the mine in which he was working struck him on the head. Mining companies and their gas and coal industry defense attorneys in West Virginia are looking at the findings of the incident to learn what risk […]
Attracting the Best – What to Disclose in an Employee Benefits Package
Employee benefits are often used as a means of attracting the best talent to your workforce. The more attractive the benefits package, the more likely you will distinguish yourself from your competitors. However, continually improving and changing your benefits package to attract the best workers can have unintended consequences. Retaining an ERISA litigation practice in […]
