Defense verdict of Retaliatory Discharge and West Virginia Wage Payment and Collection Act Case

Our client, a multinational media company, was sued by an employee who was laid off. The suit claimed retaliatory discharge/violation of public policy and a violation of the West Virginia Wage Payment and Collection Act (WVWPCA). The employee claimed he was due a large bonus at the end of the year. Under the WVWPCA, if the employee is discharged due to a reduction in the workforce, he or she is entitled to three times the amount owed plus attorney’s fees if not paid by the next regular payday. When mediation failed, the case went to trial. The trial lasted six days including jury deliberation, which took eight hours. In the end, the jury found in favor of our client on both claims of retaliatory discharge and the WVWPCA violation.