Wrongful Discharge Lawyers in Charleston

Wrongful Discharge and Constructive Discharge in West Virginia & North Carolina

The workplace is where we spend most of our lives. When we lose a job, we not only lose income and benefits, we lose economic security, we lose the long relationships we have built with co-workers, and sometimes, we lose our self-esteem. Discharge can be unlawful in both West Virginia and North Carolina for a number of reasons. It is unlawful if your employer engages in discrimination based on a protected characteristic such as your age, gender, sex, national origin, ethnicity, religion, disability, pregnancy or military status. It is also unlawful where your employer is motivated to terminate your employment because you filed for workers’ compensation or for a reason that violates a substantial public policy. If an employer makes working conditions so intolerable that an employee has no choice but to quit, it is called "constructive discharge" and may also be unlawful.

Contact Hughes & Goldner, PLLC today at (855) 217-2599 to speak with a Charleston employment law attorney about your situation.

Understanding the Terms of Wrongful Discharge

North Carolina and West Virginia are at-will states, which means that you can be fired at virtually any time for any reason. However, there are still protections under the law which prevent employers from firing you based on an unlawful reason.

A few examples of circumstances that may count as wrongful discharge include:

  • Retaliation after you have reported, or refused to engage in, unlawful activity
  • Retaliation after you have notified a federal or state agency of unlawful activity
  • Retaliation for filing a workers’ compensation claim
  • Retaliation for harassment/discrimination complaints
  • Being fired based upon your race, age, gender, religion, national origin, ethnicity, disability, pregnancy, or military status, or other protected categories
  • Being fired in breach of an employment contract

Being fired for a reason that would violate a substantial public policy. Examples include the following:

  • When an employee seeks to cooperate with authorities in a federal investigation;
  • When an employee seeks to testify truthfully;
  • When an employee objects to violations of wage laws;
  • When an employee objects to violations of banking laws or other laws.

What Is Constructive Discharge?

If you would have a legal claim for unlawful discharge if you were fired, sometimes your employer tries to avoid the legal claim by causing you to quit instead. If your employer makes your work environment so intolerable because of harassment, or changes the terms and conditions of your employment, such that any reasonable person would quit, you may be subject to a “constructive discharge.” However, quitting a job without adequate justification may affect your legal rights. You should consult an employment law attorney prior to quitting your job to determine if your circumstances might qualify as a constructive discharge.

Please give us a call today at (855) 217-2599 to discuss your claim.

Testimonials

  • Hughes & Goldner PLLC They are trustworthy and reliable and i have nothing but good to say. Maria Hughes knows employment law well and i have the utmost confidence in her and her firm. I give her 5 stars out of 5.
  • Hughes & Goldner PLLC Maria and her team's results are what you would find in a large city with down home hospitality. They made the worst times in my life a memorable one and created a future for my family that I will never forget. I am forever grateful.
  • Hughes & Goldner PLLC She is everything I wanted in an attorney representing me, and much more! Maria is an amazing attorney that gets the job done!
  • Hughes & Goldner PLLC I would highly recommend Mrs. Hughes to anyone in need of legal services.
  • Hughes & Goldner PLLC I give her my highest recommendation! If you are looking for someone to win your case and stopped the bullies, you have found the right Attorney! She is simply amazing!
  • Hughes & Goldner PLLC Mr. Goldner stepped in and saw that I was treated justly
Prev Next

Contact Hughes & Goldner, PLLC Today

    • Please enter your name.
    • This isn't a valid phone number.
      Please enter your phone number.
    • This isn't a valid email address.
      Please enter your email address.
    • Please make a selection.
    • Please enter a message.

The use of the internet or this form for communication with HUGHES & GOLDNER, PLLC or any individual member of the firm does not establish an attorney-client relationship. Confidential or time-sensitive information should not be sent through this form.

Put Us On Your Side