Best Employment Lawyers in Charleston, WV

FAQs

• What is the non-emergency contact number for the local police station in Charleston, West Virginia?

  The non-emergency contact number for the Charleston Police Department is (304) 348-8111.

• Where can I get a copy of police reports for incidents related to my case in Charleston, West Virginia?

  You can get a copy of the police report related to your incident by contacting the Charleston Police Department at (304) 348-8111, by sending an email to randy.sampson@charlestonwvpolice.org, or by going to their office at 501 Virginia St. East, Charleston, WV 25301.

• What are the different types of cases involving employment law in Charleston?

  The various employment law cases in Charleston include wage and hour issues, employee discrimination, wrongful termination, sexual harassment, defamation, and workplace violence. There are also cases wherein employers retaliate against employees who file for workers' compensation claims. You must hire an employment lawyer when filing a lawsuit against abusive employers.

• What are the wage and hour laws that protect workers in Charleston?

  Charleston adheres to federal and state laws that require employers to follow several standards of fairness. They should abide by the minimum wage for employees—$8.75 in West Virginia. Employees who work more than 40 hours a week must also receive 150% of their regular compensation. Additionally, employers are prohibited from withholding wages without the employee's permission.

• What constitutes wrongful termination in Charleston?

  In Charleston, employers may be guilty of terminating their workers wrongfully when they have violated an employment contract or a set disciplinary policy. Other situations include terminating whistleblowers, firing an employee who took time off legally, and breaking anti-discrimination laws based on national origin, sex and color, religion, age, pregnancy, or disability.

• What should you do if you are wrongfully terminated in Charleston?

  If you suspect you were unlawfully terminated in Charleston, you should gather as much documentation as possible concerning the termination and why you believe it was illegal. Everything that happened, including the circumstances and dates, should be documented in writing. Gather contact information of witnesses, friends, or colleagues who may provide their version of what transpired. Get copies of the employment policies of your company. Contact an employment lawyer experienced in handling wrongful termination claims.

• What questions should not be asked during a job interview in Charleston?

  In Charleston, employers are legally prohibited from asking interviewees about inappropriate medical information and questions that violate anti-discrimination laws. Some of these questions are as follows:

  • Are you disabled?
  • How many sick days did you take in the past year?
  • Have you ever filed a workers' compensation claim?
  • Will this employment require you to make any physical accommodations?
  • Are you in a protected class or a member of a minority group?
  • Are you over the age of 40?

• What does an employment attorney do?

  Employment attorneys represent workers, companies, unions, and advocacy groups. Their primary job is preventing and resolving disputes related to state and federal employment regulations as well as civil rights. They assist with the development of policies, including laws and employee handbooks, and they represent clients in court and during administrative hearings overseen by the U.S. Equal Employment Opportunity Commission and state-level labor agencies.

• How much should I ask for in a discrimination lawsuit?

  Employment-related claims are among the most complex and time-consuming lawsuits heard in the civil court system. Before workers can file a lawsuit, they must file a claim with the U.S. Equal Employment Opportunity Commission. Every year, the EEOC recovers $505 million for victims of workplace discrimination. When cases proceed to court, the average settlement is approximately $40,000. However, roughly 10% of claimants receive at least $1 million.

• How do I prove discrimination in the workplace?

  Discrimination lawsuits are typically based on an established pattern of behavior in the workplace. Employment attorneys who handle these claims generally advise clients to gather evidence and document all instances of discrimination, harassment, or abuse, as they occur. The following documents are often vital for proving workplace discrimination:

  • Personnel files
  • Payroll records
  • Employee handbooks
  • Diary or journal entries
  • Medical or mental health records
  • Reports from witnesses
  • Photos or video footage
  • Physical evidence

  
  

• Can I sue my company for a hostile work environment?

  Yes, offensive or unwelcome conduct that creates a hostile work environment and affects your terms of employment may give you reason to take legal action. However, rude or abusive behavior on its own isn’t illegal. It must also be tied to other legal issues, such as retaliation for reporting harassment or discrimination directed at members of a protected group.

• What is the EEOC?

  The EEOC is the U.S. Equal Employment Opportunity Commission. It's a federal agency tasked with helping to enforce laws concerning discrimination in the workplace. Not all employers are covered under the EEOC. Typically, you have to work for an organization with at least 15 employees or for a labor union or agency to be covered by EEOC protections.

• How do I report an abusive boss?

  If you believe you're being discriminated against, you have several options. First, follow internal reporting procedures with human resources or other leadership. You can also file a charge of discrimination with the EEOC. Talking to an employment attorney can help you understand your options and protect your interests.

• What laws protect employees from job discrimination?

  • The Civil Rights Act of 1964 provides employees with protection against discrimination based on a wide variety of factors, including national origin, sex, religion, race, and color.
  • The Age Discrimination Act of 1967 applies age to the protected class.
  • The Equal Pay Act of 1963 forbids sex-based compensation discrimination.
  • The Rehabilitation Act of 1973 makes it illegal to discriminate on the grounds of disability in terms of employment decisions.
  • The Civil Rights Act of 1991 adds more protection and power to the federal government to enforce some of these laws.

• How do I file a wrongful termination claim?

  You can file a wrongful termination claim with the EEOC online, via mail, or in person at various EEOC branch offices. You may be able to file a complaint with a state agency. To determine an appropriate plan of action and which organizations you can file with, speak to an employment lawyer.

• What is unfair treatment at work?

  Unfair treatment is not the same as unlawful treatment. There aren't laws against unfair treatment, which can include a boss who generally bullies people into action or someone who doesn't make fair decisions about time off because of nepotism or mood. Such issues may not constitute a claim for a court argument or allegation, unlike unjust judgments made on the grounds of race or age. An employment attorney can clarify if unfair treatment is also unlawful.

• What are some workers\' rights related to injury and illness?

  Employees have a variety of rights related to time off if they're injured or fall ill. For example, in workplaces covered by the Federal Medical Leave Act, workers are allowed to take up to 12 weeks off without losing their position in a company. The leave is unpaid unless PTO time can be used to cover it. Employees may also have rights to file a workers' comp claim if they're injured on the job. All of these laws cover different situations and types of employers, and an employment attorney can help you understand what rights you have.

• Can an employer force you to work?

  This is a gray area in some cases, which is why it may be a good idea to consult an employment lawyer if you have concerns about your workplace. According to the Occupational Safety and Health Administration , workers have a right to refuse to work in dangerous situations. But the burden of proof that this is, in fact, the case, can weigh heavily on the employee.