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Separation From Employment: West Virginia

Separation From Employment requirements for other states

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

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

Summary

  • When employers alter the at-will nature of employment, either expressly or inadvertently by verbal promises, written provisions of employee handbooks or common practices, they may have to show "just cause" before terminating contractual employees. See Terminations for Cause.
  • Terminated employees must generally receive their final pay by the next regular payday. Penalties are imposed for employer violations of the termination pay laws. See Termination Pay.
  • The West Virginia Safer Workplace Act contains disciplinary and termination procedures. See West Virginia Safer Workplace Act.
  • West Virginia provides employees with certain exemptions from termination when it comes to COVID-19 vaccine requirements. See COVID-19 Vaccine Mandates.