Employment Discrimination Demand Letter - West Virginia
EMPLOYMENT DISCRIMINATION DEMAND LETTER
[ATTORNEY / FIRM LETTERHEAD]
[Address]
[Phone] | [Email]
[__/__/____]
VIA [DELIVERY METHOD]
[Employer legal name]
[Contact name and title]
[Address]
Re: Settlement demand concerning [CLIENT NAME] and [EMPLOYER NAME]
Dear [RECIPIENT NAME]:
I represent [CLIENT NAME] concerning [DESCRIBE ADVERSE EMPLOYMENT ACTION] on [DATE(S)]. I write to seek a voluntary resolution under the West Virginia Human Rights Act, W. Va. Code §§ 16B-17-3 and 16B-17-9.
Claim and supporting facts
[CLIENT NAME] worked for [EMPLOYER NAME] as [POSITION] from [START DATE] to [END DATE OR PRESENT]. The challenged action concerned [HIRING / PAY / TENURE / CONDITIONS / PRIVILEGES OF EMPLOYMENT]. The protected ground asserted is [GROUND UNDER THE ACT].
The facts supporting this claim are:
- [DATE, DECISION MAKER, ACTION, AND DOCUMENT OR WITNESS SUPPORT].
- [COMPARATOR, STATEMENT, POLICY, OR OTHER EVIDENCE, IF ANY].
- [CLIENT'S QUALIFICATIONS AND PERFORMANCE FACTS RELEVANT TO THE ACTION].
- [EMPLOYER COVERAGE FACTS: STATE OR POLITICAL SUBDIVISION, OR NUMBER OF WEST VIRGINIA EMPLOYEES AND WEEKS OF EMPLOYMENT IN THE RELEVANT YEAR].
Section 16B-17-3(d) defines a covered private employer using a 12-person, 20-week test and excludes a private club. Section 16B-17-9(1) addresses discrimination in compensation, hire, tenure, terms, conditions, and privileges of employment, subject to the statute's qualifications and exceptions. On the facts above, [EXPLAIN WHY THE SPECIFIC ACTION VIOLATED THE ACT].
Harm and requested resolution
As a result, [CLIENT NAME] has suffered [DESCRIBE DOCUMENTED LOST WAGES, BENEFITS, AND OTHER HARM]. We propose the following terms to resolve the dispute:
| Term | Proposal |
|---|---|
| Monetary payment | $[AMOUNT], with the basis stated in the attached calculation |
| Employment action | [REINSTATEMENT / REFERENCE / RECORD CORRECTION / OTHER] |
| Other agreed terms | [CONFIDENTIALITY, NON-RETALIATION, RELEASE SCOPE, TAX ALLOCATION, OR OTHER TERMS FOR COUNSEL TO NEGOTIATE] |
Section 16B-17-13(c) permits court-ordered equitable and other appropriate relief in a qualifying action, including reinstatement or hiring and back pay; it also allows the court discretion over specified litigation costs and fees. This settlement proposal is a negotiation request, not a representation that any amount or remedy is automatic.
Please respond by [__/__/____] at [EMAIL / PHONE]. This requested response date is a proposed negotiation deadline and does not extend a statutory filing period. Please preserve records concerning [PERSONNEL FILE, DECISION RECORDS, COMMUNICATIONS, COMPARATORS, PAY, AND RELEVANT POLICIES].
Sincerely,
[ATTORNEY NAME]
[WEST VIRGINIA BAR NUMBER]
[FIRM NAME]
Enclosures: [ITEMIZED LOSS SCHEDULE / RELEVANT DOCUMENTS]
Sources and References
- West Virginia Human Rights Act: https://code.wvlegislature.gov/16B-17/
- Current official sections: https://code.wvlegislature.gov/pdf/16B-17-3/ · https://code.wvlegislature.gov/pdf/16B-17-9/ · https://code.wvlegislature.gov/pdf/16B-17-10/ · https://code.wvlegislature.gov/pdf/16B-17-13/
About this template
- Last updated
- October 3, 2026
- Citations checked
- October 3, 2026
- Jurisdiction
- West Virginia
- Category
- Demand Letters
Legal authority
- W. Va. Code § 16B-17-3 (Definitions and employer coverage)
- W. Va. Code § 16B-17-9 (Unlawful discriminatory practices)
- W. Va. Code § 16B-17-10 (Commission complaint procedure)
- W. Va. Code § 16B-17-13 (Civil action and relief)
A demand letter is a formal written request to fix a problem or pay what is owed, sent before anyone files a lawsuit. It gives the other side a real chance to settle, creates a record of your attempt to resolve things, and in many cases (unpaid debts, insurance claims, broken contracts) starts a legally required response window. A well-written demand letter lays out what happened, what you want, and a deadline to act, which is often enough to get results without ever going to court.
Not legal advice
This template is provided for informational purposes. We recommend having an attorney review any legal document before signing, especially for high-value or complex matters.
Checked against the law it cites
A reviewer verified this template's legal citations against the official source on October 3, 2026.
W. Va. Code § 16B-17-3(d) (checked October 3, 2026): "The term "employer" means the state, or any political subdivision thereof, and any person employing 12 or more persons within the state for 20 or more calendar weeks in the calendar year in which the act of discrimination allegedly took place or the preceding calendar year: Provided, That such terms shall not be taken, understood or construed to include a private club;"
W. Va. Code § 16B-17-9(1) (checked October 3, 2026): "For any employer to discriminate against an individual with respect to compensation, hire, tenure, terms, conditions, or privileges of employment if the individual is able and competent to perform the services required even if such individual is blind or disabled:"
W. Va. Code § 16B-17-10 (checked October 3, 2026): "Any complaint filed pursuant to this article must be filed within 365 days after the alleged act of discrimination."
W. Va. Code § 16B-17-13(a) (checked October 3, 2026): "If such complainant institutes any action based on such grievance without resorting to the procedure provided in this article, he or she may not subsequently resort to the procedure herein."
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