The West Virginia employment law follows the federal law when it comes to some of the hiring processes. As an example, employers do not have to hire the most qualified candidate; however, they are not permitted to base their decision on personal characteristics that are not job related. Some of these characteristics are; race, age, religion, sex, national origin, or a disability.
During the interview process the employer must not ask certain questions that have nothing to do with the position. Just to list a few of these questions that are not permitted are;
As you can see questions like these would not and should not matter to the employer. Even though you can’t ask someone if they have ever been arrested you can ask if they have ever been convicted of a crime. It might be wise to have a question like this on your job application and include your stance on this within your employee handbook.
Please remember that this website is not permitted to offer legal advice; therefore, it is critical that you seek out your own legal professional to verify any and all employment laws including the West Virginia employment law.
When giving a reference to a previous employee the West Virginia employment law permits an employer to give information provided it is not confidential. The key point to this is that the information must be true and accurate. Therefore, if you are providing information, especially if it is negative in nature, that you have the necessary proof to back it up. That is exactly why many previous employers limit the information they give to only dates or employment. They do not want to risk a legal claim for something like defamation of character. It simply is not worth it.
The West Virginia employment law also addresses “at will” employees. An “at will” employee is generally an employee who is not working under an employment contract. Although this suggests that an “at will” employee can be terminated for any legal reason, it probably is not a wise choice in most cases. On the other hand, an employer is not permitted to terminate an “at will” employee for illegal reasons. For instance, an employer is not permitted to discriminate against anyone or to terminate someone because they will not violate a law. In turn they would not be permitted to terminate someone in retaliation for filing a claim. It is very important that you include a statement regarding an “at will” employment relationship within their employee handbook. However, it is important that you consult a legal professional before moving forward with an employee handbook.
It would be wise to work with a legal professional that provides employee handbook templates…
The West Virginia employment law and specifically the Safety & Loss Control Unit of the West Virginia Workers’ Compensation Commission is commissioned to provide a safe, healthy and free of hazards workplace for employees within their state. State and federal law requires that employers provide a safe place for employee’s that is free of known hazards.
There are more issues covered by the West Virginia employment law that employers must be familiar with. It is very important that you inform your employees of the employment policies. One of the best ways to do this would be to have an employee handbook; however, it would be wise to work with a legal professional that provides employee handbook templates that meet your state requirements. One statement would be to make sure it addresses your position on an employee “at will”.
Thank you and may God bless you!