What is the first step in filing a wrongful termination case?

The first step in filing a wrongful termination case in West Virginia is to determine if you have a valid legal claim. In West Virginia, employees who are terminated without a legitimate reason, such as breach of contract, discrimination, or for retaliatory reasons, may have a wrongful termination claim. The employee must be able to prove that the employer did not have a legitimate reason for terminating them. The next step is to research applicable laws and to consult with an experienced employment law attorney. An attorney can help assess the strength of the case and determine the best course of action to take. The lawyer may also be able to denote if the employee is eligible for a settlement through mediation or other forms of alternative dispute resolution, as well as filing a lawsuit in court. In order to file a lawsuit, the employee must file a complaint with the West Virginia Human Rights Commission (WVHRC) within 180 days of the alleged wrongful termination. The complaint must include all relevant facts and documents, such as job descriptions, performance reviews, and any other information that supports the employee’s claim. The WVHRC will review the complaint and determine whether to proceed with the claim. If the claim is accepted, the employee may move forward with a lawsuit in court. The lawsuit must also be filed within 180 days of the date the employee was wrongfully terminated. This timeline can be extended if the employee has a valid reason, such as not being able to access the documents needed to file the lawsuit. The employee should always seek an attorney’s advice in order to ensure their rights are protected and that no time limits are missed.

What is the first step in filing a wrongful termination case?

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