Wednesday, December 31, 2003

Still at will in Virginia -- West Virginia? Not so much.

Still at-will in Virginia In this story ("Employers Have the Right to Fire Away", 12/28/03) the Washington Post says that in Virginia, employment at-will remains the rule, rather than the exception.

[via SW Virginia law blog]

When I read articles like this one, it makes me think West Virginia and Virginia are more like different countries than different states. Although technically an at-will state, the doctrine has been practically dead in West Virginia for about two decades. West Virginia employers can't fire poorly performing employees at will. Sometimes, they can't even fire employees for misconduct. My employer clients are amazed at the employment decisions that come out of our state supreme court. See, e.g., Feliciano v. 7-Eleven, Inc., No. 29564 (2003) (clerk fired for trying to wrestle down an armed robber permitted to sue for public policy wrongful discharge). The erosion of the at-will doctrine has a definite impact on our state's ability to compete with Maryland and Virginia for jobs.

1 comment:

Anonymous said...

No wonder so many people are collecting unemployment and welfare. In the state of WV an employer can fire you because they don't like you. I was fired from a veterinary assistant job for being too sensitive. What kind of ridiculous reason is that.