Wrongful Termination in West Virginia (2026): Laws and Deadlines

West Virginia is an at-will state, so an employer can usually end a job without a reason. A firing is wrongful when it breaks a statute, an enforceable promise of job security, or a substantial public policy under Harless v. First National Bank in Fairmont. The main state statute is the West Virginia Human Rights Act, which makes it unlawful for an employer to discriminate "with respect to compensation, hire, tenure, terms, conditions, or privileges of employment" because of a protected characteristic (W. Va. Code 16B-17-9(1)).

The Act moved recently: it now lives at Chapter 16B, Article 17 of the Code, and the old Chapter 5, Article 11 sections read "[Repealed.]" Older guides still cite the former 5-11 numbers. To compare other states, see our guide to wrongful termination laws by state.

Information last verified on October 10, 2026. This article has not been reviewed by a licensed lawyer.

Jurisdiction scope: This article covers West Virginia law on firing employees: the West Virginia Human Rights Act (W. Va. Code 16B-17), the Pregnant Workers' Fairness Act (16B-19), the Harless public-policy claim, handbook and contract claims, and narrower West Virginia protections such as W. Va. Code 23-5A (workers' compensation) and 52-3-1 (jury service), with short notes on the federal laws that also apply. The federal rules in full are on our wrongful termination laws by state guide. It does not cover severance agreements; see West Virginia severance pay laws.

Is West Virginia an at-will state?

Yes. West Virginia courts enforce at-will employment unless a statute, a public policy, or an enforceable promise limits it. The two main common-law limits are the Harless public-policy claim and handbook promises under Cook v. Heck's, both covered below. For how the doctrine works day to day, see West Virginia at-will employment laws.

Discrimination under the West Virginia Human Rights Act

W. Va. Code 16B-17-9(1) makes it unlawful for an employer to discriminate against an individual "with respect to compensation, hire, tenure, terms, conditions, or privileges of employment." "Discriminate" means to exclude from, or fail to extend, equal opportunities because of a protected class (16B-17-3(h)). For employment, the classes are race, religion, color, national origin, ancestry, sex, age, blindness and disability; the West Virginia Human Rights Commission's page lists the same set. "Age" means 40 or above (16B-17-3(k)), and the disability definition excludes a current drug or alcohol addiction that prevents performance of the job (16B-17-3(m)).

Retaliation. 16B-17-9(7)(C) makes it unlawful to "Engage in any form of reprisal or otherwise discriminate against any person because he or she has opposed any practices or acts forbidden under this article or because he or she has filed a complaint, testified, or assisted in any proceeding under this article." That protects people who complain about any form of discrimination the Act covers, including age and disability.

Sexual orientation and gender identity. These are not in the Act's text. Three 2026 bills (SB 987, HB 5251 and HB 5502) that would have changed the Act's protected categories were introduced and referred to committee but did not pass before the session ended. Federal Title VII covers sexual orientation and gender identity at employers with 15 or more employees: in Bostock v. Clayton County, 590 U.S. 644 (2020), the U.S. Supreme Court held that firing someone for being gay or transgender is sex discrimination under Title VII: "An employer who fires an individual merely for being gay or transgender defies the law." The EEOC deadline is 300 days in West Virginia (see the federal section below). Our research did not review city ordinances, so this page does not state whether any local law adds protection.

Which employers are covered

An "employer" is "the state, or any political subdivision thereof, and any person employing 12 or more persons within the state for 20 or more calendar weeks in the calendar year in which the act of discrimination allegedly took place or the preceding calendar year" (W. Va. Code 16B-17-3(d)). Private clubs are excluded. A private employer with fewer than 12 employees in West Virginia is outside the Act's employment rules, and federal Title VII does not start until 15.

Pregnancy accommodation

The West Virginia Pregnant Workers' Fairness Act (W. Va. Code 16B-19) makes it an unlawful employment practice to refuse a reasonable accommodation for known limitations related to pregnancy, childbirth or related conditions (after written documentation from a health care provider), to deny employment opportunities because of the need for one, or to force leave when another accommodation is possible (16B-19-2). It covers the same employers as the Human Rights Act: the state, its political subdivisions and employers with 12 or more employees (16B-19-5(3)). It bars retaliation (16B-19-3(b)) and adopts the "powers, procedures, and remedies" provided for Human Rights Act violations (16B-19-3(a)); as codified, that cross-reference points to "16B-19-11," a section the 2024 recodification did not create, so the 365-day Commission deadline is our reading rather than the text. To be safe, file any Commission complaint within 365 days.

Filing with the West Virginia Human Rights Commission

Which agency. The West Virginia Human Rights Commission sits within the Office of the Inspector General. Its page says to start by emailing the Employment Pre-Complaint Background Form to OIGHRC@wv.gov (the form itself is not a complaint), or call 304-558-2616.

Deadline: 365 days. "Any complaint filed pursuant to this article must be filed within 365 days after the alleged act of discrimination" (W. Va. Code 16B-17-10). The Commission's page puts it as "within 365 days of the date of the most recent date of discrimination."

What the Commission can order. After a hearing, the Commission may order the employer to stop and to take "affirmative action, including, but not limited to, hiring, reinstatement or upgrading of employees, with or without back pay" (16B-17-10).

Choosing between the Commission and court

West Virginia lets you choose, but the choice has consequences.

• Court without the Commission. In Price v. Boone County Ambulance Authority, 175 W. Va. 676, 337 S.E.2d 913 (1985), the Supreme Court of Appeals affirmed that a plaintiff "has a right to sue in circuit court, as an alternative to filing a complaint with the Human Rights Commission."
• Suing first closes the Commission route. "If such complainant institutes any action based on such grievance without resorting to the procedure provided in this article, he or she may not subsequently resort to the procedure herein" (W. Va. Code 16B-17-13(a)).
• Leaving the Commission for court. After a timely complaint, the Commission must issue a notice of right to sue if it dismisses the complaint other than on the merits, or if you ask for one in a case it has not decided on the merits or conciliated (16B-17-13(b)). You may then sue "at any time within 90 days after the complainant is given notice of a right to sue," or later if the limitations period on the claim has not yet expired. Filing suit ends the Commission proceeding.

Our research did not find whether the two-year limitations period pauses while a Commission complaint is pending, so do not assume it does.

Suing under the Human Rights Act

Deadline: two years. The Act sets no deadline for a direct circuit-court suit. In Metz v. Eastern Associated Coal, LLC, No. 16-0848 (W. Va. Apr. 6, 2017), the Supreme Court of Appeals noted that both sides agreed the "catch-all" two-year period in W. Va. Code 55-2-12 applies, citing its own earlier decisions, and quoted its rule that the period begins when the employee learns of the adverse employment decision.

What a court can award. The court "shall enjoin" the practice and order affirmative action "which may include, but is not limited to, reinstatement or hiring of employees, granting of back pay or any other legal or equitable relief as the court deems appropriate," and may in its discretion award "all or a portion of the costs of litigation, including reasonable attorney fees and witness fees, to the complainant" (W. Va. Code 16B-17-13(c)). The section does not list emotional-distress damages, and our research did not read the case law on them.

Lost wages must be mitigated. In any employment claim, statutory or common-law (which includes a Harless claim), a fired worker has a duty to mitigate lost wages: any back pay or front pay award is reduced by what the worker earned, or could have earned with reasonable diligence, after the firing, and flat unmitigated awards are not available; the employer bears the burden of proving a lack of reasonable diligence. The trial judge rules on reinstatement versus front pay and decides the amount of any front pay (W. Va. Code 55-7E-3).

Punitive damages. West Virginia's general punitive-damages statute allows them only on clear and convincing evidence of actual malice or conscious, reckless and outrageous indifference, and says they "may not exceed the greater of four times the amount of compensatory damages or $500,000, whichever is greater" (W. Va. Code 55-7-29(c)). It applies by its general terms; our research did not read whether punitive damages are available under the Human Rights Act itself. This page cannot estimate what any claim is worth.

Federal discrimination charges in West Virginia

The EEOC's Philadelphia District Office says "An individual has 300 days from the date of alleged harm to file a charge with this office against an employer with 15 or more employees for discrimination based on race, color, national origin, sex, religion, and/or disability" in states including West Virginia, and 300 days for age discrimination against an employer with 20 or more employees. The Pittsburgh Area Office gives the same figures for West Virginia.

For smaller employers (under 15, or under 20 for age), both pages direct charges to the state agency and give the West Virginia time limit as 365 days, which matches W. Va. Code 16B-17-10.

After an EEOC Notice of Right to Sue, a federal lawsuit must be filed within 90 days (42 U.S.C. 2000e-5(f)(1)). Federal Title VII and ADA compensatory and punitive damages are capped at $50,000 to $300,000 depending on employer size (42 U.S.C. 1981a(b)(3)); the wrongful termination guide has the federal details.

The Harless public-policy claim

West Virginia recognizes a claim for retaliatory discharge in violation of public policy. In Harless v. First National Bank in Fairmont, 162 W. Va. 116, 246 S.E.2d 270 (1978), the Supreme Court of Appeals held that "where the employer's motivation for the discharge contravenes some substantial public policy principle, then the employer may be liable to the employee for damages occasioned by the discharge." There, a bank employee fired for pressing the bank to comply with the state Consumer Credit and Protection Act stated a claim.

In Birthisel v. Tri-Cities Health Services Corp., 188 W. Va. 371, 424 S.E.2d 606 (1992), the court said what counts as a "substantial public policy principle" "is not subject to a precise answer," and, quoting earlier decisions, identified sources of public policy as including the federal and state constitutions, public statutes, judicial decisions, and applicable principles of the common law.

Deadline. No statute sets a deadline specific to a Harless claim. The two-year period in W. Va. Code 55-2-12 is the general rule for personal actions, but our research did not open a case applying it to this claim, so get legal advice well before two years pass.

Handbooks and job-security promises

An employer's handbook can create an enforceable promise. In Cook v. Heck's Inc., 176 W. Va. 368, 342 S.E.2d 453 (1986), the court held that "a promise of job security contained in an employee handbook distributed by an employer to its employees constitutes an offer for a unilateral contract; and an employee's continuing to work, while under no obligation to do so, constitutes an acceptance and sufficient consideration." The court looks for a definite promise not to discharge except for cause.

Disclaimers can defeat that promise. In Suter v. Harsco Corp., 184 W. Va. 734, 403 S.E.2d 751 (1991), the court held that "a disclaimer does not have to be placed in the employee handbook to be effective against implied promises contained in an employee handbook," so a disclaimer in a job application can preserve at-will status, though a later handbook with definite promises may override it.

Our research did not open a West Virginia case on whether an implied covenant of good faith limits an at-will firing, so this page does not state a rule on it.

Constructive discharge

In Slack v. Kanawha County Housing & Redevelopment Authority, 188 W. Va. 144, 423 S.E.2d 547 (1992), a retaliatory-discharge case, the Supreme Court of Appeals said "one of the essential elements of any constructive discharge claim is that the adverse working conditions must be so intolerable that any reasonable employee would resign rather than endure such conditions." The court adopted the majority rule: the employee must show "working conditions created by or known to the employer were so intolerable that a reasonable person would be compelled to quit," but need not prove the employer acted "with a specific intent to cause the plaintiff to quit." Where the claim is retaliatory discharge, the employee must also prove the intolerable conditions "were created by the employer and were related to those facts that gave rise to the retaliatory discharge."

Other West Virginia firing protections

• Workers' compensation: "No employer shall discriminate in any manner against any of his present or former employees because of such present or former employee's receipt of or attempt to receive benefits" under the workers' compensation chapter (W. Va. Code 23-5A-1). It is also a discriminatory practice to terminate an injured employee while the employee is off work on a compensable injury and receiving or eligible for temporary total disability benefits, unless the employee committed a separate dischargeable offense (23-5A-3(a)), and the employee has reinstatement rights on written demand (23-5A-3(b)). Our research did not read the remedy subsections or a filing deadline for these claims. For benefits, see West Virginia workers' compensation laws.
• Jury service: an employee discriminated against for a jury summons or service may sue in circuit court, and the court may order the employer to stop and grant affirmative relief "including, but not limited to, reinstatement of the employee with or without back pay"; a prevailing employee gets reasonable attorney's fees, and the employer is guilty of civil contempt with a fine of $100 to $500 (W. Va. Code 52-3-1).
• Volunteer firefighters and EMS: no employer may terminate or discipline an employee who is a volunteer firefighter or emergency medical services attendant for responding to an emergency call before work that causes the employee to lose time (W. Va. Code 21-5-17). An employer that willfully and knowingly violates the section must reinstate the employee and pay all lost wages and benefits, including seniority, for the time between termination and reinstatement; suit must be filed within one year of the violation in the circuit court of the county where the job is located.
• Off-duty tobacco use: it is unlawful for any employer, public or private, to "discharge any employee or otherwise to disadvantage or penalize any employee ... solely because such individual uses tobacco products off the premises of the employer during nonworking hours" (W. Va. Code 21-3-19). Nonprofit organizations that work against tobacco use are exempt. The section as read states no remedy.
• Medical cannabis: no employer may discharge, threaten, refuse to hire or otherwise discriminate or retaliate against an employee "solely on the basis of such employee's status as an individual who is certified to use medical cannabis" (W. Va. Code 16A-15-4(b)(1)). The law does not require allowing use on the premises, allows discipline for impairment at work, and does not require an employer to violate federal law.
• Voting: an employee is entitled to up to three hours, if necessary, to vote without penalty or deduction, after a written request at least three days before the election, with exceptions for employees who already have three hours of free time and for essential services (W. Va. Code 3-1-42). The section as read states no remedy for a firing.
• Parental leave: the West Virginia Parental Leave Act (W. Va. Code 21-5D) covers only employees of state government units and county boards of education (21-5D-2(c)). Private employees rely on the federal FMLA, which applies at employers with 50 or more employees (29 U.S.C. 2611(4)).
• Military service: W. Va. Code 15-1F-8 gives members of the organized militia in the active service of West Virginia or another state the same reemployment rights federal law, including USERRA, gives members of the federal reserve components. Federal USERRA bars denying "retention in employment" because of service (38 U.S.C. 4311(a)).
• Workplace safety: W. Va. Code 21-3A-13 bars discharging or discriminating against an employee for filing a complaint, starting or taking part in a proceeding, or testifying under the state Occupational Safety and Health Act, or for exercising rights under it. The employee must complain to the Commissioner of Labor within 30 days of the violation; if the Commissioner finds a violation, the Commissioner sues in the Kanawha County circuit court, which may order reinstatement with back pay plus interest.
• Wage complaints: W. Va. Code 21-5C-7(a) makes it a misdemeanor, with a fine of $100 to $500, for an employer to willfully discharge or discriminate against an employee for complaining of not being paid under the article's wage and hour provisions, bringing or preparing to bring an action under it, or testifying. The article's employers are those with six or more employees at one location (21-5C-1(e)). The section states only the criminal penalty.
• Firearms in vehicles: an employer may not fire or take other adverse action against an employee for keeping a lawfully possessed firearm out of view and locked inside or locked to a personal vehicle in the parking lot, except in cases of threats of unlawful action; employer-provided vehicles are not covered (W. Va. Code 61-7-14(a), (d)). The Attorney General, or the employee in their own name, may sue for equitable relief and civil penalties of up to $5,000 per violation (61-7-14(f)).
• Topics this page does not state: our research did not locate a private-sector crime-victim or witness protection, so this page states no rule on them. A federal OSHA retaliation complaint must be filed within 30 days of the adverse action (29 U.S.C. 660(c)(2)).

Whistleblowing

Our research did not confirm a general West Virginia whistleblower statute for private-sector employees. Private employees have relied on the Harless claim, which itself arose from a bank employee pressing the employer to comply with consumer-protection law. Public employees, including employees of any body created by state or local authority or funded 35 percent or more by state or local government, are covered by the Whistle-blower Law, W. Va. Code 6C-1 (6C-1-2). An employer may not discharge or retaliate against such an employee for a good-faith report, or an imminent report, of wrongdoing or waste to the employer or an appropriate authority, or for being requested or subpoenaed by an appropriate authority to take part in an investigation, hearing or court action (6C-1-3). Suit must be filed within two years of the violation (6C-1-4(a)); a court may order reinstatement, back wages, restored fringe benefits and seniority, actual damages, and costs including attorney fees (6C-1-5). See also West Virginia whistleblower laws.

A written reason or your personnel file

Our research did not locate a West Virginia statute requiring a private employer to state a reason for a firing or to let a private employee inspect a personnel file. For when the last paycheck is due, see West Virginia final paycheck laws.

Wrongful termination deadlines in West Virginia

Where to file in West Virginia

• Discrimination by the state, a local government, or an employer with 12 or more employees: the West Virginia Human Rights Commission, or circuit court directly (but not both in that order; see above).
• Federal discrimination claims: the EEOC, through its Public Portal, or at 1-800-669-4000 when a deadline is near.
• Harless, handbook, workers' compensation retaliation and jury-service claims: circuit court.

Practical steps after a firing in West Virginia

Write down the date you were fired, who told you, the reason given, and any complaint, claim, jury summons or emergency call that came before it, and keep the termination notice, reviews, the handbook and your job application (a disclaimer there can matter under Suter). Decide on the Commission or court with care: going to court first gives up the Commission route, and the 365-day Commission deadline, the two-year court deadline and the 300-day EEOC deadline run separately. Shorter clocks apply to some claims: 30 days for a workplace-safety complaint and one year for a volunteer firefighter or EMS suit.

If the employer offers money in exchange for a release, read it before signing, because a release can give up the claims described here. Our West Virginia severance pay laws page covers those agreements.

Recent changes

• 2026: SB 987 and HB 5251 would have added sexual orientation and gender identity to the Act, and HB 5502 addressed race-associated traits. Each was only introduced and referred to committee, and the 2026 session has ended, so none is law. Our research did not search for 2027 bills.
• 2024: the Human Rights Act sections now appear at W. Va. Code 16B-17, under the Office of the Inspector General, and the Commission's executive director reports to the Inspector General. SB 300 (2024), "Relating to organization of Office of Inspector General," effective from passage on February 8, 2024, made the move: its bill status page lists the Chapter 5, Article 11 sections as repealed code and the 16B-17 sections (and the Pregnant Workers' Fairness Act at 16B-19) as new code, and the Code names it as the signed bill for 16B-17-3. The 12-employee threshold, the 365-day deadline and the protected classes in 16B-17 match earlier summaries of the Act.

Related

• Wrongful termination laws by state
• West Virginia at-will employment laws
• West Virginia whistleblower laws
• West Virginia workers' compensation laws
• West Virginia severance pay laws

Disclaimer: This article provides general legal information about West Virginia wrongful termination law (the at-will rule, the West Virginia Human Rights Act, W. Va. Code 16B-17, the Pregnant Workers' Fairness Act, 16B-19, and related statutes such as W. Va. Code 23-5A and 52-3-1) and the federal laws that apply in West Virginia. It is not legal advice. The information was verified on October 10, 2026. For advice about your situation, contact the West Virginia Human Rights Commission, the EEOC, a legal aid office or a lawyer licensed in West Virginia.

Last updated: October 10, 2026.

Frequently Asked Questions

Is West Virginia an at-will employment state?

Yes. An employer can usually fire without a reason, but not for a reason that violates a statute such as the Human Rights Act, a substantial public policy under Harless v. First National Bank (1978), or a definite job-security promise under Cook v. Heck's (1986).

How many employees does an employer need for the West Virginia Human Rights Act to apply?

Twelve or more persons within the state for 20 or more calendar weeks, plus the state and its political subdivisions (W. Va. Code 16B-17-3(d)). Federal Title VII applies at 15 or more.

What is the deadline to file with the West Virginia Human Rights Commission?

365 days after the alleged act of discrimination (W. Va. Code 16B-17-10). A federal EEOC charge has a separate 300-day deadline in West Virginia.

How long do I have to sue for wrongful termination in West Virginia?

A direct Human Rights Act suit is subject to the two-year catch-all period in W. Va. Code 55-2-12, running from when you learn of the adverse decision, as applied in Metz v. Eastern Associated Coal (2017). After a Commission right-to-sue notice, you have at least 90 days (16B-17-13(b)).

Can I go to court without filing with the Human Rights Commission?

Yes. Price v. Boone County Ambulance Authority (1985) recognizes a direct circuit-court suit as an alternative, but under W. Va. Code 16B-17-13(a) suing first means you cannot later use the Commission procedure.

Does West Virginia law protect against firing for sexual orientation or gender identity?

Not in the Human Rights Act's current text; 2026 bills to add them did not pass. Federal Title VII covers both at employers with 15 or more employees under Bostock v. Clayton County (2020), with a 300-day EEOC deadline.

Can I be fired for filing a workers' compensation claim in West Virginia?

W. Va. Code 23-5A-1 bars discriminating against an employee for receiving or trying to receive workers' compensation benefits, and 23-5A-3 limits firing an injured worker who is off work on temporary total disability.

Can my employer fire me for smoking off duty in West Virginia?

Not solely for using tobacco products off the employer's premises during nonworking hours (W. Va. Code 21-3-19), with an exemption for nonprofit anti-tobacco organizations.