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An Overview of the West Virginia Wage Payment and Collection Act

All wage payments in West Virginia are regulated and enforced by the state Division of Labor under the West Virginia Wage Payment and Collection Act, unless federal statute preempts state law. Here is a brief overview of some of the stipulations included in the law: Frequency: Employees must be paid at least twice every month Read More

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Joint and Several Liability in West Virginia Now Defunct Due to Comparative Fault Rules

In early 2015, then-governor of West Virginia Earl Ray Tomblin signed House Bill 2002 into law. It established new comparative fault standards in West Virginia, abolishing joint liability in the process. Under these new rules, most accident circumstances result in a defendant being liable for only the percentage of damages attributed to his or her Read More

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What Is a Deliberate Intent Lawsuit?

In general, employers in West Virginia that pay premiums into the state workers’ compensation fund are immune from any legal action on the basis of negligence. There are some exceptions to this rule, however, including the deliberate intent exception. Under this exception, if an employee can prove the employer acted with “deliberate intent” to hurt Read More

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Our Beckley office is moving April 25, 2019

Our Beckley office is moving, effective April 25, 2019. You will find us at 252 George St. and at the same phone numbers as before.

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West Virginia Supreme Court Emphasizes Heightened Pleading Standard in Cases Where Qualified Immunity Is Applicable

The 2017 case West Virginia Board of Education v. Zelda Croaff featured the state Board of Education (WVBE) appealing the decision of the circuit court to deny its motion of dismissal of the underlying case that alleged a cause of action for negligence resulting in personal injury. The West Virginia Supreme Court agreed with WVBE, Read More

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When Is Dismissal Voluntary Under the West Virginia Savings Statute?

West Virginia’s Savings Statute is meant to give plaintiffs a second chance to bring an otherwise time-barred lawsuit if their original action was filed in a timely manner and dismissed involuntarily on procedural grounds. Determining whether a dismissal is voluntary can be a complicated question requiring evidence of the plaintiff’s actions. In a case won Read More

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Where Do Government Facebook Posts Implicate Free Speech Rights and Give Rise to a Harless Claim?

Recently, the Supreme Court of Appeals of West Virginia heard the case of Douglas A. Day vs. West Virginia Department of Military Affairs and Public Safety and the West Virginia Division of Protective Services. The case involved issues of free speech in the workplace and the question of when a case meets the precedents set Read More

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How Far Does Free Speech Extend into the Workplace?

Everyone who lives in the United States has a constitutionally protected right to free speech. But how far does that right extend into the workplace? First, it is important to understand the general limitations that apply to the freedom of speech. A person’s First Amendment rights only apply if the government is attempting to restrict Read More

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Will an Arbitration Agreement Hold Up in Court?

Earlier this year, the Supreme Court of the United States heard the case of Epic Systems Corp v. Lewis. The case dealt with the issue of whether the Federal Arbitration Act (FAA) has more authority over arbitration agreements made between employers and employees than the National Labor Relations Act (NLRA). This issue featured three similar Read More

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West Virginia Supreme Court Favors Employer in Another Case Addressing Deliberate Intent

FirstEnergy Generation LLC recently appealed the December 2016 order of the Circuit Court of Harrison County following an adverse jury verdict in a “deliberate intention” action filed by the plaintiffs, James and Carol Muto. The West Virginia Supreme Court sided with FirstEnergy, stating that “the evidence presented at trial was insufficient to establish two of Read More

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