QUESTION

How long does a person have to file a lawsuit once they have been wrongly terminated in the state of west Virginia ?

Asked on Feb 19th, 2013 on Labor and Employment - West Virginia
More details to this question:
Was terminated after 15 years of service , lots of very unprofessional acts involved,including having my personal character defamed, and being accused of smoking marajauna but NOT allowing me to take a test to prove otherwise.
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1 ANSWER

Alternative Dispute Resolution Attorney serving Charleston, WV at Robinson & McElwee PLLC
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While it depends on the reason you would claim the termination was "wrongful," you usually have 2 years to file suit.  Remember, however, that just believing you were treated unfairly does not amount to "wrongful termination."  You would have to prove that the termination was because of your age, race, sex, (or some other status protected by law), because you were a "whistle blower," because you are disabled, because you exercised some right guaranteed by law ("concerted activity" such as seeking to have a union represent you), or that the discharge was in retaliation for you participating in some protected conduct (such as an investigation by the West Virginia Human Rights Commission, etc.).  If you believe you were discharged for any of these reasons, we would recommend you contact a good labor and employment lawyer promptly and have him or her evaluate your situation.
Answered on Feb 26th, 2013 at 8:24 AM

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