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)

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, consistent with state law and the Fair Labor Standards Act.

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, 246 S.E.2d 270, W. Va. 1978). An employee cannot be terminated if the discharge violates a substantial public policy of the state. Implied contract exceptions based on handbook provisions may also apply.

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) — Required within 3 business days of start date per federal law (8 U.S.C. § 1324a)

☐ Proof of Licensure / Certification — [________________________________]

☐ Reference Check — [________________________________]

☐ Other — [________________________________]

9. WEST VIRGINIA-SPECIFIC REQUIREMENTS

9.1 Wrongful Discharge (W. Va. Code § 55-7E-1 et seq. and Common Law)

West Virginia has both a common law cause of action (Harless) and a statutory framework for wrongful discharge claims. Employers may not terminate an employee in violation of a substantial public policy, including but not limited to:
- Retaliation for filing a workers' compensation claim (W. Va. Code § 23-5A-1)
- Retaliation for reporting employer violations of law
- Termination for refusing to violate the law

9.2 Anti-Discrimination (W. Va. Code § 5-11-9)

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. The Act applies to employers with 12 or more employees.

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

• Wages must be paid at least twice per month, on regular paydays designated in advance
• Employers must notify employees at the time of hire of the day, hour, and place of payment and the rate of pay

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

West Virginia law strictly prohibits employers from discriminating against or discharging an employee because the employee has filed a workers' compensation claim.

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

Employees who work 6 or more hours in a shift are entitled to a meal break of at least 20 minutes. The break must be provided no less than 2 hours nor more than 5 hours from the beginning of the shift.

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

Upon separation of employment:
- Terminated employees: Final wages due within 72 hours of discharge, or on the next regular payday, whichever is sooner
- Resigning employees (with one pay period notice): Final wages due on the next regular payday
- Resigning employees (without notice): Final wages due within 72 hours of the next regular payday

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

Employers may not make deductions from wages unless:
- Required by law (taxes, court-ordered garnishments)
- Authorized in writing by the employee for the employee's benefit (insurance premiums, savings plans, union dues)

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]