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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 starting

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.

Document: final-paycheck-demand-letter

Save records and write a timeline

Within days of the firing days after starting

Keep 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 starting

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.

Calendar the two-year suit deadline

2 years days after starting

Human 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 starting

A demand letter sets out your claim and what you want. Review any settlement agreement before signing; attorney review is available.

Document: demand-letter

Frequently Asked Questions

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