Employment Offer Letter - West Virginia

TABLE OF CONTENTS

1. Company Header
2. Candidate Information
3. Position Details
4. Compensation
5. Benefits Summary
6. At-Will Employment Disclaimer
7. Reporting Structure & Work Location
8. Contingencies
9. West Virginia-Specific Requirements
10. Confidentiality & Intellectual Property
11. Acceptance & Signature Block
12. West Virginia State Notes

EMPLOYMENT OFFER LETTER — WEST VIRGINIA

1. COMPANY HEADER

[COMPANY NAME]
[COMPANY ADDRESS]
[CITY], West Virginia [ZIP CODE]
Phone: [PHONE NUMBER] | Email: [EMAIL ADDRESS]

Date: [__/__/____]

2. CANDIDATE INFORMATION

To:
[CANDIDATE FULL NAME]
[CANDIDATE ADDRESS]
[CITY], [STATE] [ZIP CODE]

Re: Offer of Employment

Dear [CANDIDATE FIRST NAME],

We are pleased to extend this offer of employment with [COMPANY NAME] (the "Company"). This letter sets forth the terms and conditions of your employment, subject to the contingencies described herein.

3. POSITION DETAILS

4. COMPENSATION

4.1 Base Compensation

☐ Annual Salary: $[________________________________] per year, paid on a [☐ bi-weekly ☐ semi-monthly ☐ monthly] basis.

☐ Hourly Rate: $[________________________________] per hour.

4.2 Overtime (W. Va. Code § 21-5C-3)

Covered non-exempt employees are entitled to overtime pay at 1.5 times the regular rate for hours worked in excess of 40 hours in a workweek. West Virginia coverage and exemptions are defined in W. Va. Code § 21-5C-1; federal coverage and exemptions must be reviewed separately.

4.3 Bonus / Commission Structure

☐ Signing Bonus: $[________________________________], subject to the following terms: [________________________________]

☐ Performance Bonus: [________________________________]

☐ Commission Plan: [________________________________]

☐ Not Applicable

5. BENEFITS SUMMARY

You will be eligible for the following benefits, subject to plan terms and applicable waiting periods:

6. AT-WILL EMPLOYMENT DISCLAIMER

IMPORTANT — PLEASE READ CAREFULLY:

Your employment with [COMPANY NAME] is "at-will." This means that either you or the Company may terminate the employment relationship at any time, with or without cause, and with or without advance notice. West Virginia law presumes that employment is at-will unless clearly shown otherwise.

No manager, supervisor, or representative of the Company, other than [AUTHORIZED OFFICER TITLE], has the authority to enter into any agreement for employment for any specified period of time or to make any agreement contrary to the foregoing by written agreement signed by [AUTHORIZED OFFICER TITLE].

Recognized Exceptions: West Virginia courts recognize a substantial-public-policy exception to at-will employment. Harless v. First National Bank in Fairmont, 162 W. Va. 116, 246 S.E.2d 270 (1978), permits liability when an employer's motivation for discharging an at-will employee contravenes a substantial public-policy principle. A sufficiently definite handbook or other employer representation may also alter at-will status; obtain legal review before relying on any exception.

7. REPORTING STRUCTURE & WORK LOCATION

8. CONTINGENCIES

This offer is contingent upon the satisfactory completion of the following:

☐ Background Check — [________________________________]

☐ Drug Screening — [________________________________]

☐ Employment Eligibility Verification (Form I-9) — The employer or authorized representative generally must complete and sign Section 2 within three business days after the employee's first day of work for pay; shorter jobs use a first-day rule (8 U.S.C. § 1324a; current USCIS Form I-9 instructions)

☐ Proof of Licensure / Certification — [________________________________]

☐ Reference Check — [________________________________]

☐ Other — [________________________________]

9. WEST VIRGINIA-SPECIFIC REQUIREMENTS

9.1 Wrongful Discharge (Common Law; W. Va. Code §§ 55-7E-1 through 55-7E-3)

West Virginia recognizes the common-law Harless claim when a discharge contravenes a substantial public policy. The source and application of that policy are claim-specific and require legal analysis. W. Va. Code §§ 55-7E-1 through 55-7E-3 define back pay and front pay and impose mitigation/remedy rules for statutory and common-law employment claims; they do not create a freestanding wrongful-discharge cause of action. W. Va. Code § 23-5A-1 separately prohibits discrimination because a present or former employee received or attempted to receive workers' compensation benefits.

9.2 Anti-Discrimination (W. Va. Code §§ 16B-17-3 and 16B-17-9)

The Company does not discriminate on the basis of race, religion, color, national origin, ancestry, sex, age (40 or older), disability, or blindness, consistent with the West Virginia Human Rights Act. For private employers, the Act generally defines an employer as a person employing 12 or more persons within West Virginia for 20 or more calendar weeks in the current or preceding calendar year; the definition excludes a private club.

9.3 Wage Payment Requirements (W. Va. Code § 21-5-3)

• Covered employers generally must settle with employees at least twice per month, with no more than 19 days between settlements, unless a special agreement provides otherwise.
• State law permits the payment methods and authorized deductions or wage assignments described in W. Va. Code § 21-5-3. Any wage-deduction authorization should be reviewed for the specific deduction and applicable federal law.

9.4 Workers' Compensation Anti-Retaliation (W. Va. Code § 23-5A-1)

West Virginia law prohibits an employer from discriminating in any manner against a present or former employee because that employee received or attempted to receive workers' compensation benefits.

9.5 Meal Breaks (W. Va. Code § 21-3-10a)

During a workday of six or more hours, employers must make at least 20 minutes available for meal breaks at times reasonably designated by the employer when employees are not otherwise afforded necessary breaks or permitted to eat while working.

9.6 Final Paycheck (W. Va. Code § 21-5-4)

Upon discharge, quit, or resignation, wages due for work performed before separation are due on or before the next regular payday on which they otherwise would be payable. Wages earned before a layoff or labor-dispute suspension are also due no later than the next regular payday. Fringe benefits may follow a later date or ascertainable conditions stated in the controlling agreement.

9.7 Wage Deductions and Assignments (W. Va. Code §§ 21-5-3 and 21-5-4)

West Virginia permits authorized deductions and wage assignments subject to statutory conditions. Section 21-5-3 addresses payroll deductions and written assignments of future wages; § 21-5-4 contains a separate, detailed final-wage process for qualifying unreturned employer property. Do not withhold final wages for property or another claimed debt without confirming that the statutory conditions are satisfied.

10. CONFIDENTIALITY & INTELLECTUAL PROPERTY

As a condition of employment, you will be required to sign the Company's:

☐ Confidentiality / Non-Disclosure Agreement (NDA)
☐ Invention Assignment Agreement
☐ Proprietary Information Agreement

11. ACCEPTANCE & SIGNATURE BLOCK

Please indicate your acceptance of this offer by signing below and returning this letter by [__/__/____].

Employer

Candidate Acceptance

By signing below, I acknowledge that I have read, understand, and accept the terms of this offer letter, including the at-will employment provisions.

12. WEST VIRGINIA STATE NOTES

This offer letter is governed by the laws of the State of West Virginia. Nothing in this letter creates a contract of employment for a definite period.

[COMPANY NAME]