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Can someone be terminated in West Virginia while on workers compensation?

Pineville, WV |

Worker Compensation laws in the state of West Virgina

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Attorney answers 3

Posted

I do not practice in West Virginia but in most states being on workers comp does not offer you any job protection. Most workers compensation attys offer free consultation so you can probably call someone in your state.

Posted

There is no mechanism to guarantee you lifetime employment. You can leave any time you like, and your Employer can terminate you at will under most circumstances.

I represent Employers, but I can recommend Worker Attorneys in So Cal if you ask.

Asker

Posted

I'm curious from an employer view. A police officer went out on comp and we need to fill his position as chief since its a small town.

George Ellis Corson IV

George Ellis Corson IV

Posted

It might depend on whether he was hired or elected. It also may depend on whether the town has more the 50 employees. Even with all that, business necessity is always a reasonable defense. I would think that there is a City Attorney to ask.....

Asker

Posted

Its a small town one chief that was hired and thats the only officer so its a situation where there is no law enforcement because of this situation.

Posted

More than likely. Most employees are what are known as at-will employees. It doesn't provide job security but it's the way most jobs are in the country. Talk to an attorney in your state though.

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