Hiring New Employees in West Virginia: Legal Guidelines for Employers

Create a clear job description that outlines the position's responsibilities, required qualifications, and compensation. Ensure the job posting complies with West Virginia employment laws and does not contain discriminatory language. West Virginia follows federal anti-discrimination laws, including Title VII of the Civil Rights Act, the Americans with Disabilities Act (ADA), and the Age Discrimination in Employment Act (ADEA).

Develop an employment application form that collects necessary information from candidates while complying with West Virginia and federal laws. Avoid questions about age, race, religion, national origin, disability, or other protected characteristics. Include a statement about being an at-will employer (unless the position is contract-based) and authorization to verify information provided.

Interview qualified candidates and select the best fit for the position. Ensure all interview questions comply with anti-discrimination laws. Document the selection process and reasons for hiring decisions to protect against potential discrimination claims.

Draft an offer letter that includes the position title, start date, compensation, benefits, and employment status (full-time, part-time, at-will, etc.). In West Virginia, employment is presumed to be at-will unless specified otherwise. The offer letter should clearly state this relationship if applicable.

If the position requires an employment contract rather than at-will employment, draft a comprehensive contract that includes terms of employment, compensation, benefits, termination conditions, and other relevant provisions. In West Virginia, employment contracts can override the at-will presumption, so be specific about the terms and duration of employment.

Create a non-disclosure agreement to protect your company's confidential information and trade secrets. West Virginia courts generally enforce reasonable NDAs. Ensure the agreement is not overly broad and clearly defines what information is considered confidential.

If necessary, draft a non-compete agreement that restricts the employee from working for competitors for a specified period after leaving your company. In West Virginia, non-compete agreements are enforceable if they are reasonable in geographic scope, duration, and the business interests they protect. Courts will evaluate whether the restrictions are narrowly tailored to protect legitimate business interests.

Create a form that obtains the candidate's consent to conduct background checks, including criminal history, employment verification, and education verification. Under the Fair Credit Reporting Act (FCRA), you must obtain written authorization before conducting background checks through a third party.

Perform background checks in compliance with the Fair Credit Reporting Act and West Virginia law. If you decide not to hire based on information in a background check, you must follow the adverse action procedures required by the FCRA, including providing pre-adverse action and adverse action notices.

Develop an employee handbook that outlines company policies, procedures, and expectations. Include information on work hours, paid time off, benefits, code of conduct, anti-discrimination and harassment policies, and disciplinary procedures. West Virginia does not have specific requirements for employee handbooks, but they should comply with federal and state employment laws.

Create forms for enrolling new employees in company benefits programs, such as health insurance, retirement plans, and other benefits. Include clear information about eligibility requirements, coverage options, costs, and enrollment deadlines.

Create a form that allows employees to authorize direct deposit of their paychecks. Include fields for bank account information and authorization language. In West Virginia, employers can require direct deposit as a condition of employment.

Create a form to collect emergency contact information from the new employee. This should include names, relationships, phone numbers, and addresses of individuals to contact in case of emergency.

Federal law requires all employers to verify the identity and employment authorization of each person hired using Form I-9. The employee must complete Section 1 by their first day of employment. Employers must complete Section 2 within 3 business days of the employee's first day. Retain the completed I-9 for the required period (3 years after the date of hire or 1 year after employment ends, whichever is later).

Have the new employee complete IRS Form W-4 to determine federal income tax withholding. Employers must keep this form on file for at least 4 years after the date the tax becomes due or is paid, whichever is later.

Have the employee complete the West Virginia state income tax withholding form (WV/IT-104). This form determines the amount of state income tax to withhold from the employee's wages.

Federal and state laws require employers to report newly hired and re-hired employees to the West Virginia New Hire Reporting Center within 14 days of hire. Complete the New Hire Reporting Form with the employee's name, address, Social Security number, and date of hire, along with the employer's name, address, and Federal Employer Identification Number (FEIN).

West Virginia law requires employers with one or more employees to obtain workers' compensation insurance. Verify your coverage is adequate for the new employee or obtain coverage if this is your first employee. Failure to maintain workers' compensation insurance can result in significant penalties.

If this is your first employee, register with WorkForce West Virginia for unemployment insurance tax. Employers must pay unemployment insurance taxes on wages paid to employees. If you're already registered, ensure your account is current.

Federal and West Virginia laws require employers to display certain posters in the workplace. These include posters related to minimum wage, workplace safety, equal employment opportunity, family and medical leave, and other employment laws. Ensure all required posters are displayed in a conspicuous location accessible to all employees.

Provide orientation for the new employee, covering company policies, procedures, benefits, and job responsibilities. Review the employee handbook and have the employee sign an acknowledgment of receipt. This is also a good time to complete any remaining paperwork and answer any questions the employee may have.