Wrongful Termination in West Virginia
Reviewed by DocDraft Legal Team - West Virginia - Last updated November 12, 2026
Wrongful termination in West Virginia includes a public-policy claim: West Virginia courts hold that when an employer's motivation for a discharge is to contravene some substantial public policy principle, the employer may be liable for damages. A handbook can also create contract rights when it makes a definite promise not to discharge except for specified reasons. Human Rights Act complaints to the West Virginia Human Rights Commission are due within 365 days, and West Virginia courts apply a two-year catch-all limitations period to Human Rights Act actions filed in circuit court. Final wages are due on or before the next regular payday on which they would otherwise be due.
Find out where you stand in West Virginia
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What counts as wrongful termination in West Virginia?
West Virginia employment is generally at-will, but West Virginia courts hold an employer may be liable when its motivation for a discharge is to contravene some substantial public policy principle. A handbook with a definite promise not to discharge except for specified reasons can also create contract rights, and the Human Rights Act bars discrimination.
Where do you file a discrimination complaint in West Virginia, and by when?
File with the West Virginia Human Rights Commission within 365 days of the alleged discriminatory act. Confirm with the Commission whether your employer is covered. EEOC charges (15+ employees, 20+ for age) are due within 300 days from the date of harm.
How long do you have to sue for wrongful termination in West Virginia?
West Virginia courts apply the two-year catch-all statute of limitations in W. Va. Code 55-2-12 to Human Rights Act actions filed in circuit court, and that period ordinarily begins when the employer unequivocally notifies the employee of the termination decision. The Commission deadline is 365 days; confirm when each period starts for your claim.
When is your final paycheck due after being fired in West Virginia?
When an employer discharges an employee, it must pay the wages due for work performed before the separation on or before the next regular payday on which those wages would otherwise be due and payable (W. Va. Code 21-5-4(b)). If it is late, put your request in writing and keep a copy.
West Virginia wrongful termination rules
West Virginia gives fired workers a year for the state agency and two years in court. Human Rights Act complaints to the West Virginia Human Rights Commission are due within 365 days, and West Virginia courts apply the two-year catch-all limitations period in W. Va. Code 55-2-12 to Human Rights Act actions filed in circuit court. The EEOC's Pittsburgh office gives 300 days for a federal charge against an employer with 15 or more employees, or 20 or more for age, so the federal deadline comes first. West Virginia courts hold that an employer may be liable when its motivation for a discharge is to contravene some substantial public policy principle, and a handbook can create contract rights. Final wages are due on or before the next regular payday on which they would otherwise be due.
Relevant Laws
W. Va. Code 5-11-10 (Commission complaint)
The period to file an action with the Human Rights Commission under the Act is 365 days.
W. Va. Code 55-2-12 (two-year catch-all)
Applied by West Virginia courts to Human Rights Act actions filed in circuit court.
W. Va. Code 21-5-4 (final wages)
Wages are due on or before the next regular payday on which they would otherwise be due and payable.
EEOC Pittsburgh timeliness
The EEOC gives 300 days from the date of harm for employers with 15 or more employees (20 or more for age) in West Virginia.
Regional Variances
West Virginia wrongful termination rules
At-will status
Generally at-will.
Recognized exceptions
Discharge motivated by contravening a substantial public policy principle, handbook promises not to discharge except for specified reasons, and statutory claims.
State agency and law
West Virginia Human Rights Commission; West Virginia Human Rights Act, W. Va. Code 5-11-1 and following.
Agency filing deadline
Within 365 days of the alleged discriminatory act (W. Va. Code 5-11-10).
EEOC charge deadline
300 days from the date of harm (EEOC Pittsburgh office), for employers with 15 or more employees, or 20 or more for age.
Deadline to sue
Two-year catch-all period (W. Va. Code 55-2-12) for Human Rights Act actions in circuit court.
Final paycheck
On or before the next regular payday on which the wages would otherwise be due and payable (W. Va. Code 21-5-4(b)).
Suggested Compliance Checklist
Request your final pay in writing
If unpaid by the next regular payday days after startingWest Virginia requires wages for work before the separation by the next regular payday on which they would be due. If they are late, send a written request.
Save records and write a timeline
Within days of the firing days after startingKeep the termination notice, messages, pay stubs and a dated timeline, with witness names.
File with the Human Rights Commission
365 days (state); 300 days (EEOC) days after startingFile within 365 days of the alleged act. An EEOC charge (15 or more employees, 20 or more for age) is due within 300 days, which comes first.
Calendar the two-year suit deadline
2 years days after startingHuman Rights Act actions in circuit court are subject to the two-year catch-all period courts apply.
Send a demand letter or review a settlement
Before signing any release days after startingA demand letter sets out your claim and what you want. Review any settlement agreement before signing; attorney review is available.
| Task | Description | Document | Days after starting |
|---|---|---|---|
| Request your final pay in writing | West Virginia requires wages for work before the separation by the next regular payday on which they would be due. If they are late, send a written request. | final-paycheck-demand-letter | If unpaid by the next regular payday |
| Save records and write a timeline | Keep the termination notice, messages, pay stubs and a dated timeline, with witness names. | - | Within days of the firing |
| File with the Human Rights Commission | File within 365 days of the alleged act. An EEOC charge (15 or more employees, 20 or more for age) is due within 300 days, which comes first. | - | 365 days (state); 300 days (EEOC) |
| Calendar the two-year suit deadline | Human Rights Act actions in circuit court are subject to the two-year catch-all period courts apply. | - | 2 years |
| Send a demand letter or review a settlement | A demand letter sets out your claim and what you want. Review any settlement agreement before signing; attorney review is available. | demand-letter | Before signing any release |
Frequently Asked Questions
Other West Virginia guides
Adult Guardianship in West Virginia
Adverse Possession in West Virginia: One Ten Year Clock and Six Elements
Asset Protection Planning in West Virginia (2026)
Dealing With Debt Collectors in West Virginia (2026)
Delinquent Property Taxes in West Virginia: Your Sheriff Hands the File to the State Auditor on October 31
Expunging a Criminal Record in West Virginia (2026)
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