Employment Discrimination Demand Letter - West Virginia

EMPLOYMENT DISCRIMINATION DEMAND LETTER

West Virginia Law

West Virginia Human Rights Act, W. Va. Code Section 5-11-1 et seq.

[ATTORNEY/FIRM LETTERHEAD]

[Firm Name]
[Address Line 1]
[City, West Virginia ZIP]
Tel: [Phone Number]
Fax: [Fax Number]
[Attorney Email]
[West Virginia State Bar ID]

VIA CERTIFIED MAIL, RETURN RECEIPT REQUESTED
AND VIA EMAIL TO: [recipient_email]

[Date]

[Employer Contact Name]
[Title]
[Company Legal Name]
[Company Address]
[City, State ZIP]

Re: Employment Discrimination Claim of [Client Full Name]
WVHRC Complaint No.: [If filed]
EEOC Charge No.: [If filed]
CONFIDENTIAL SETTLEMENT COMMUNICATION - W. VA. R. EVID. 408

Dear [Mr./Ms./Mx. Last Name]:

This firm represents [Client Full Name] ("our client") regarding [his/her/their] claims of unlawful employment discrimination against [Company Legal Name] ("[Company Short Name]" or "the Company").

I. LEGAL FRAMEWORK

A. West Virginia Human Rights Act (WVHRA)

West Virginia prohibits employment discrimination under W. Va. Code Section 5-11-1 et seq.

Protected Classes Under WVHRA (Section 5-11-9):

• Race
• Religion
• Color
• National origin
• Ancestry
• Sex (including pregnancy)
• Age (40+)
• Disability
• Blindness

B. Federal Anti-Discrimination Laws

C. West Virginia Human Rights Commission (WVHRC)

Important: Administrative exhaustion is NOT required under WVHRA. Plaintiffs may file directly in court.

II. FACTUAL BACKGROUND

[Client Full Name] was employed by [Company Short Name] from [Start Date] through [End Date / Present] as a [Job Title] in [City], West Virginia.

III. LEGAL CLAIMS

A. Violation of West Virginia Human Rights Act

[Company Short Name] violated the WVHRA by discriminating against our client based on [protected class].

Key Provisions:

• Applies to employers with 12+ employees
• No administrative exhaustion required
• 2-year statute of limitations
• No statutory caps on damages

See Skaggs v. Elk Run Coal Co., 198 W. Va. 51 (1996).

IV. DAMAGES

Note: West Virginia has NO CAPS on compensatory damages.

V. SETTLEMENT DEMAND

We demand that [Company Short Name] pay $[Settlement Demand Amount] to resolve all claims.

VI. RESPONSE DEADLINE

Please respond within twenty-one (21) calendar days, no later than [Response Deadline Date].

Sincerely,

[Attorney Name]
[Title]
[Firm Name]
[West Virginia State Bar ID]

WEST VIRGINIA-SPECIFIC PRACTICE NOTES (Do Not Include in Final Letter)

Key West Virginia Considerations

[ ] No Administrative Exhaustion: Can file directly in circuit court

[ ] No Damage Caps: No statutory limits on compensatory damages

[ ] 12-Employee Threshold: Slightly lower than federal 15-employee threshold

[ ] No SOGI Protection: Sexual orientation and gender identity not protected under state law

[ ] Blindness Separately Protected: Explicit statutory protection

Statute of Limitations Reference