West Virginia Whistleblower Lawyer

Whistleblowers expose a company’s illicit activities. However, giant corporations often attack whistleblowers because of the risk they are taking. Most whistleblowers don’t know where to turn when they are facing retaliation.

It can be challenging to find the courage to speak up against corruption and wrongdoing in the workplace, especially if you fear your job security. This is where we come into the picture. J. Miles Morgan is a West Virginia whistleblower lawyer who will work tirelessly to protect your rights.

We have successfully represented whistleblowers in many states across the country. Our years of experience provided us with an immense understanding of the legal system behind whistleblower law.

How Our West Virginia Whistleblower Attorney Can Help You

Whistleblower cases are often complicated. Our West Virginia whistleblower attorneys help countless claimants in the past. And we can help you too! West Virginia whistleblower lawyers help protect those who speak out of their employer’s wrongdoings.

• We will meticulously review your case. Our whistleblower lawyers will thoroughly evaluate your case. We will review each aspect of your claim and assess the best legal option for your situation.
• We will help you file your whistleblower claim. After identifying the characteristics of your case, we will help you take legal action. A qui tam case under the False Claims Act will require the federal court’s involvement. Conversely, a qui tam case with fraud may resolve without bringing the case to the federal court.
• We will protect your identity. We will do our best to protect your identity while processing your case. As a whistleblower, there’s a great chance that you will be a target by your employer.
• We will help you build a well-documented case. Building a well-documented case is critical. With enough evidence, we may convince government agencies to provide their help.

Our West Virginia whistleblower law firm has a proven track record with whistleblower law. We have the experience and resources to help you build a successful case. Contact J. Miles Morgan PLLC today for a free consultation to discuss your specific situation.

What Are Your Rights Under WV Whistleblower Laws?

§6C-1-3 of the West Virginia Law protects whistleblowers from employers’ retaliation. Federal laws are enacted to prevent employers from attacking employees who make good faith by reporting illegal activity. Section 11(c) of the Occupational Safety and Health Administration makes it illegal for employers to discriminate against employees.

As an employee, you must acknowledge the exiting whistleblower protection provided by the law. West Virginia workers are protected by both state and federal laws. The legal proceeding behind these cases may be complicated and much longer than other types of legal claims.

How to Establish a Whistleblower Claim?

Whistleblowers play an essential role in society by exposing corruption and wrongdoing in the workplace. However, giant corporations often attack whistleblowers because of their voices. If you want to raise an illegal activity from your company, here’s what you need to establish in a whistleblower claim in West Virginia:

• Protected activity. You need to prove that you are involved in protected activity in informing a government agency of your company’s illicit actions. OSHA provides a whistleblower protection program
• Employer’s knowledge. It’s also vital that your employer know your protected activity. Despite knowing this protected activity, the employer might still threaten to prevent you from proceeding with the report.
• Retaliation. Another element you need to prove is that your employer acted upon your actions to silence you. This can be in the form of retaliation or a threat to prevent you from speaking up.
• Sanction. Lastly, you also need to show that you suffered from your employer’s threat because you attempted to speak up. Your employer might prevent you from participating in certain activities or cut-off benefits because of your protected activity.

In most cases, a whistleblower case needs to be filed within thirty days. Some companies have an ethics department that handles these types of concerns. However, if you don’t feel comfortable or safe bringing up this issue to your employer, you can enroll in a whistleblower protection program.

We Protect Employees from Different Sectors

Illegal activities exist in all sectors. If you are threatened or receive sanctions for reporting misconduct or illegal activity at your workplace, you may be eligible for protection under state or federal law. The law protects employees from all sectors from whistleblower retaliation.

Our attorneys are experienced in handling whistleblower claims. And we will protect your rights. J. Miles Morgan, PLLC offers a free, confidential consultation to discuss your case. We will determine whether you may be eligible for damages.

Public Employees

Chapter 6C Article 1 of West Virginia Law provides the legal context of Whistleblower Law. This law protects employees from the public sector. This law makes it unlawful for employers to provide sanctions against their employees when they file a report for the company’s illegal activity.

Suppose a whistleblower suffered damages from their employer’s retaliation. In that case, they may recover damages for lost wages and benefits. Some of the most common retribution charged against whistleblowers are compensation cuts, benefits cuts, firing, and change of work location.

The burden of proving an illegal activity is on the whistleblower. They must possess viable evidence to hold the company for its misconduct. However, the opposing company may argue their point and convince the court that the retaliation was a good action.

Private Workers and Retaliatory Discharge

WV Code § 5-11-9, also titled Unlawful Discriminatory Practices, protects employees from discriminatory practices whenever they oppose a company movement. Unlawful discrimination against the employee’s indifference to the company’s misconduct includes threatening their employment, limiting their privileges, decreasing compensation and benefits, and others. This law also governs employment agencies and labor organizations.

If you are a private-sector whistleblower, it is essential to know that you have legal protection from retaliatory discharge. This means your employer cannot fire, demote, harass, or otherwise penalize you in any way for speaking out against the company’s illegal activity. If you face such threats or retaliation, immediately speak with an experienced employment attorney.

Miner’s Health and Safety

WV Code § 22A-1-22 protects miners from raising concerns over unsafe work conditions. According to this law, miners have the right to inform Miners’ Health, Safety, and Training Division of hazardous work conditions. This law also makes mining employers or companies illegal to discriminate or retaliate against the miner who revealed their illicit actions.

MSHA or Miners’ Health, Safety, and Training Division is a government body protecting the rights and safety of miners. This government agency sanctions mining companies or employers who fail to provide adequately safe working conditions to miners. In 1977, 242 miners died during work operations. However, because of MSHA, this number dropped down to 29 fatalities in 2020.

Nursing Home Employees

WV Code § 9-6-12 protects nursing home employees. This law forbids employers to terminate, harass, or discriminate against nursing home employees. If you are a whistleblower working in a nursing home, you are protected from employer retaliation.

Nursing home employees often face difficult working conditions. They may witness abuse, neglect, and exploitation of elderly residents. In some cases, nursing home employees are the only ones who can protect elderly residents from harm. Nursing home whistleblowers play an essential role in protecting the health and safety of vulnerable patients.

Suppose you are an employee in the nursing home industry who has faced retaliation for exposing your employer’s misconduct. In that case, contact our office for a free consultation. We can help you file a claim and protect your rights.

How Do You File a Whistleblower or Retaliation Claim in West Virginia?

If you are a whistleblower in West Virginia, you have several options for filing a claim. Employees can file a complaint, depending on the nature of their case. Some of the legal bodies responsible for whistleblower complaints are:

• the U.S. Equal Employment Opportunity Commission (EEOC),
• the West Virginia Human Rights Commission, and
• the Mine Safety and Health Administration (MSHA).

General whistleblower cases

W. Va. Code § 55-2-12(b) states that employees may file retaliation charges within two years of retaliatory actions. The affected employee may submit their claims to the appropriate court.

Discrimination cases

Discriminated employees may file a West Virginia Human Rights Commission complaint. Affected employees must file a claim within one year of the retaliatory action.

• Address: West Virginia Human Rights Commission, 1321 Plaza East Room 108A, Charleston, WV 25301-1400

Miner’s Health and Safety cases

Coal Mine Safety Board of Appeals takes whistleblower charges as long as it is filed within thirty days of the retaliatory action. Miners whose employment is put at risk must speak up against their employer’s unlawful activities.

• Address: Coal Mine Safety Board of Appeals, 1615 Washington St. East, Charleston WV 25311-2126

The state and the federal court also handle whistleblower cases. It is essential to contact an experienced employment attorney as soon as possible if you face retaliation from your employer. J. Miles Morgan, PLLC can help you file a claim and protect your rights.

What Damages Can You Recover if Your Case Is Successful?

Whistleblowers who suffered from their employer’s retaliation may be able to recover damages, depending on their case. Here are some of the damages a whistleblower may claim if they win their case:

• Reinstatement. Employees who are fired due to speaking up have the option to reclaim their position if the court finds the employer guilty of charges.
• Lost wages. The court may award affected employees with lost pay or back pay if the court finds out that they were unlawfully suspended or fired for speaking up.
• Lost benefits. Retaliated employees may also claim retirement benefits if they were unlawfully suspended from their job.
• Compensatory damages. The court may also allow retaliated victims to compensate for non-economic damages. Suppose you also obtained physical injuries from the retaliation. In that case, the court may order your employer to compensate for your sustained injuries.

Penalties for Whistleblower Violation in West Virginia

Currently, two bills in West Virginia punish employers from whistleblower retaliation. These bills are West Virginia Code 6C-1-1 and West Virginia Code 21-3A-13. Unfortunately, most of the whistleblower laws apply only to public employees. However, private employees are governed by WV Code § 5-11-9 or Unlawful Discriminatory Practices.

• West Virginia Code 6C-1-1. According to this statute, employers are not allowed to discharge, threaten, discriminate, or retaliate against an employee for testifying for the company’s violations. Individuals who are found guilty of breaking this law are fined up to $500 with a probable suspension of up to six months. Employees who experienced retaliation from their employers may file a lawsuit within 180 days from the date of disciplinary action.
• West Virginia Code 21-3A-13. This law makes it unlawful to discriminate against employees for filing a complaint about their company’s illicit activity. Affected employees may file charges against their employers within 30 days of the discriminatory action. Corporations who are found guilty of breaking this rule must compensate for the damages they incurred to the whistleblower.
• West Virginia Code § 21-5C-7(a). This statute prohibits employers from discharging or suspending whistleblowers for attesting to the company’s wrongdoing. Corporations or employers who are found guilty of breaking this rule may face penalty charges of up to $100 to $500.

Whistleblower Attorney Near Me | Contact J. Miles Morgan to Speak with an Experienced West Virginia Whistleblower Attorney

History has proven that whistleblowers play an essential role in holding their employers accountable for their unlawful activities. By speaking up against their employer’s wrongdoing, whistleblowers can help protect the rights of other employees and ensure that justice is served.

Furthermore, whistleblowers can help prevent future illegal activities by their employers. Suppose you have experienced retaliation for speaking up. In that case, it is vital to contact a whistleblower lawyer to protect your rights in this sensitive legal issue. It’s vital to have a lawyer who upholds your attorney-client relationship to ensure confidentiality.

J. Miles Morgan is an experienced employment lawyer. His wealth of knowledge and experience helped countless whistleblowers defend their rights against powerful corporations. If you need the legal assistance of an employment lawyer, contact us now at (304)-543-6357. You may also use our online form to submit your request.