Employee Discipline: West Virginia

Federal law and guidance on this subject should be reviewed together with this section.

Author: Eric E. Kinder, Spilman Thomas & Battle, PLLC

Summary

• For purposes of wiretapping laws, West Virginia is a one-party consent state with respect to recording meetings, including those of a disciplinary nature. See Recording Meetings.
• West Virginia law provides for the right of individuals under certain circumstances to carry a weapon in public places. See Discipline Regarding Guns in the Workplace.
• West Virginia law provides for smoke-free workplaces. See Smoke-Free Workplace Law.
• West Virginia law protects smokers' rights. See Smokers' Rights.
• West Virginia law protects employees' political activities. See Political Activities.
• West Virginia has laws regulating employee testing for drugs and alcohol. See Drug and Alcohol Testing.
• Generally, employers may not require employees or applicants to submit to a polygraph or lie detector test. See Polygraph Testing.
• West Virginia employers should exercise caution when disciplining certain employees for absences from work, especially when those absences may be the result of protected leaves or breaks. See Attendance.
• West Virginia law allows an action for misappropriation of trade secrets or computer data. See Misappropriation of Trade Secrets and Computer Data.
• Employers should exercise caution when disciplining employees who are members of protected classes, or who have engaged in protected activities. See Prohibited Discrimination and Retaliation.
• West Virginia provides employees with certain exemptions from discipline when it comes to COVID-19 vaccine requirements. See COVID-19 Vaccine Mandates.
• Employers may be liable for a number of claims brought by employees with respect to disciplinary action. See Employer Liability Regarding Employee Discipline.