Employee Handbook - West Virginia

[COMPANY NAME]

West Virginia Employee Handbook

Effective date: [__/__/____]

Primary policy contact: [NAME/TITLE, EMAIL, PHONE]

1. Purpose, Scope, and No-Contract Notice

This Handbook states workplace policies for employees assigned to West Virginia. It must be customized for the Company's size, industry, benefit plans, locations, and federal or local requirements.

Employment is at will unless a written agreement signed by an authorized Company representative or applicable law provides otherwise. This Handbook is not an employment contract, does not guarantee employment for a fixed term, and does not require progressive discipline. Only [AUTHORIZED TITLE] may approve a written change to at-will status.

2. Equal Opportunity, Harassment, and Accommodation

The Company prohibits discrimination, harassment, and retaliation based on any characteristic protected by applicable federal, West Virginia, or local law. Employees may request a disability, pregnancy, religious, or other legally required accommodation from [CONTACT]. The Company will use an individualized process and will not retaliate for a good-faith request.

3. Reporting and Response

Employees may report discrimination, harassment, retaliation, wage concerns, safety issues, or other suspected misconduct to [PRIMARY CONTACT], [ALTERNATE CONTACT], any manager, or [HOTLINE/PORTAL]. No employee must report to a person accused of misconduct.

Managers who receive or observe a possible violation must promptly notify Human Resources or the alternate contact. The Company will assess reports promptly, use a fair process appropriate to the circumstances, share information only as reasonably necessary, and take corrective action when warranted. An unsubstantiated good-faith report will not result in discipline.

4. Wages, Hours, and Timekeeping

• Employees will receive at least the applicable minimum wage and overtime required by federal and West Virginia law, subject to coverage and exemptions.
• Employees must record all work time accurately. Off-the-clock work is prohibited. A failure to obtain advance approval for overtime may be addressed as a policy issue, but all compensable time must still be reported.
• Unless a valid special agreement applies, the Company will settle wages at least twice each month with no more than 19 days between settlements. See W. Va. Code § 21-5-3.
• The regular paydays are [DATES/DAYS]. Deductions and wage assignments will be made only as authorized by law and written policy.

5. Meal Breaks and Separation Pay

During a workday of six or more hours, the Company will make at least 20 minutes available for meal breaks when employees are not otherwise afforded necessary breaks or permitted to eat while working. See W. Va. Code § 21-3-10a.

When an employee is discharged, quits, or resigns, wages due for work performed before separation will be paid on or before the next regular payday on which they otherwise would have been due. Accrued fringe benefits subject to ascertainable future dates or conditions are paid under the governing agreement. See W. Va. Code § 21-5-4.

6. Paid Time Off and Benefits

The Company's PTO terms are:

• accrual or grant method: [DESCRIBE];
• permitted uses and request process: [DESCRIBE];
• carryover or expiration rule: [DESCRIBE];
• treatment at separation: [DESCRIBE]; and
• approval authority and recordkeeping: [DESCRIBE].

The written policy must match payroll practice and any enforceable benefit agreement. Benefit-plan documents control plan eligibility and benefits where applicable.

7. Drug and Alcohol Testing Gate

Select one:

☐ The Company does not conduct employer-required drug or alcohol testing except where a separate federal or industry rule applies.

☐ The Company uses a separately reviewed testing policy compliant with the West Virginia Safer Workplace Act. That policy must be distributed to every employee subject to testing and available to prospective employees. Required tests for current employees occur during or immediately before or after a regular work period and count as worked time; the Company pays actual testing costs and required off-site transportation costs. See W. Va. Code §§ 21-3E-6 and 21-3E-8.

Do not implement testing from this Handbook alone. The separate policy must address collection, confirmation, confidentiality, notices, and other statutory safeguards.

8. Safety, Conduct, and Confidentiality

Employees must follow safety rules, report injuries and hazards promptly, act professionally, protect Company property, and avoid violence, threats, theft, falsification, and unlawful conduct. Discipline will reflect the circumstances and may include termination; the Company is not required to use every step in a sequence.

Employees must safeguard nonpublic Company and third-party information obtained through work. Nothing in this Handbook prohibits lawful discussion of wages or working conditions, protected concerted activity, reporting to a government agency, participating in an investigation, seeking legal advice, or another communication protected by law.

9. No Retaliation

The Company prohibits retaliation for a good-faith complaint, accommodation request, lawful participation in an investigation, protected wage or safety activity, or another activity protected by law.

10. Administration

This Handbook does not create arbitration, a jury waiver, employee indemnity, fee shifting, a liability cap, a covenant not to compete, or an exclusive court forum. Any separate agreement addressing those subjects requires individualized legal review and must preserve nonwaivable agency and statutory rights.

The Company may revise this Handbook prospectively, subject to applicable law. If a policy conflicts with controlling law or a benefit-plan document, the controlling source governs to the extent required.

11. Acknowledgment

I acknowledge receipt of this Handbook. I understand that it is not an employment contract, that policies may be revised subject to applicable law, and that I should direct questions to the policy contact.

Sources and References

• W. Va. Code § 21-5-3
• W. Va. Code § 21-5-4
• W. Va. Code § 21-3-10a
• W. Va. Code § 21-3E-6
• W. Va. Code § 21-3E-8