[{"data":1,"prerenderedAt":-1},["ShallowReactive",2],{"detail-sidebar-cat-1-en-105":3,"doc-seo-282786-105":53,"doc-detail-282786-en":127},{"code":4,"msg":5,"data":6},0,"success",[7,14,19,24,29,34,39,44,49],{"id":8,"doc_module":9,"doc_module_name":10,"category_name":11,"show_sort_weight":12,"slug":13},11,1,"Template","Presentations",90,"presentations",{"id":15,"doc_module":9,"doc_module_name":10,"category_name":16,"show_sort_weight":17,"slug":18},12,"Resumes",80,"resumes",{"id":20,"doc_module":9,"doc_module_name":10,"category_name":21,"show_sort_weight":22,"slug":23},14,"Invoices",70,"invoices",{"id":25,"doc_module":9,"doc_module_name":10,"category_name":26,"show_sort_weight":27,"slug":28},15,"Posters",60,"posters",{"id":30,"doc_module":9,"doc_module_name":10,"category_name":31,"show_sort_weight":32,"slug":33},16,"Social Media",50,"social-media",{"id":35,"doc_module":9,"doc_module_name":10,"category_name":36,"show_sort_weight":37,"slug":38},17,"Forms",40,"forms",{"id":40,"doc_module":9,"doc_module_name":10,"category_name":41,"show_sort_weight":42,"slug":43},18,"Letters",30,"letters",{"id":45,"doc_module":9,"doc_module_name":10,"category_name":46,"show_sort_weight":47,"slug":48},21,"Paper Templates",5,"papers-templates",{"id":50,"doc_module":9,"doc_module_name":10,"category_name":51,"show_sort_weight":4,"slug":52},158,"General","general-158",{"code":4,"msg":54,"data":55},"ok",{"site_id":56,"language":57,"slug":58,"title":59,"keywords":60,"description":61,"schema_data":62,"social_meta":120,"head_meta":122,"extra_data":124,"updated_unix":126},105,"en","employment-claims-in-release-agreements-west-virginia","Employment Claims in Release Agreements: West Virginia","","A Q&A guide to the release of employment claims agreements for private employers in West Virginia. It explains which statutory and common law employment claims may be included or excluded in an enforceable written release, and highlights that federal, local, or municipal law may impose additional or different requirements. Coverage includes common law claims, statutory claims under the West Virginia Human Rights Act, and waiver conditions such as knowing and voluntary consent.",{"@graph":63,"@context":119},[64,80,102],{"@type":65,"itemListElement":66},"BreadcrumbList",[67,71,74,77],{"item":68,"name":69,"@type":70,"position":9},"https://docshare.wps.com","Home","ListItem",{"item":72,"name":10,"@type":70,"position":73},"https://docshare.wps.com/template/",2,{"item":75,"name":41,"@type":70,"position":76},"https://docshare.wps.com/template/letters/",3,{"item":78,"name":59,"@type":70,"position":79},"https://docshare.wps.com/template/employment-claims-in-release-agreements-west-virginia/282786/",4,{"url":78,"name":59,"@type":81,"image":82,"author":87,"headline":59,"publisher":90,"fileFormat":93,"inLanguage":57,"description":61,"dateModified":94,"datePublished":95,"encodingFormat":93,"isAccessibleForFree":96,"interactionStatistic":97},"DigitalDocument",{"url":83,"@type":84,"width":85,"height":86},"https://docshare.wps.com/thumbnails/employment-claims-in-release-agreements-west-virginia/282786.png","ImageObject",442,249,{"name":88,"@type":89},"Aditya","Person",{"url":68,"name":91,"@type":92},"DocShare","Organization","application/pdf","2026-10-22","2026-09-16",true,{"@type":98,"interactionType":99,"userInteractionCount":101},"InteractionCounter",{"@type":100},"ViewAction",6,{"@type":103,"mainEntity":104},"FAQPage",[105,111,115],{"name":106,"@type":107,"acceptedAnswer":108},"Does West Virginia law require specific employment claims to be included in a release agreement for it to be effective?","Question",{"text":109,"@type":110},"No. West Virginia law does not require the release agreement to contain particular statutory or common law employment claims for effectiveness as to those claims.","Answer",{"name":112,"@type":107,"acceptedAnswer":113},"What conditions must be met for a Human Rights Act waiver to be knowing and voluntary?",{"text":114,"@type":110},"The waiver must be in a plain-English, understandable written agreement that specifically references Human Rights Act rights or claims and does not extend to rights arising after execution. The employee must receive added consideration, written advice to consult an attorney with the State Bar’s toll-free number, at least 21 days to consider, and a right to revoke for at least seven days before effectiveness.",{"name":116,"@type":107,"acceptedAnswer":117},"What common law claims are frequently listed as examples of claims released in West Virginia?",{"text":118,"@type":110},"Examples commonly include breach of contract (implied or express), breach of the covenant of good faith and fair dealing, libel, slander, defamation, invasion of privacy, wrongful or retaliatory discharge or termination, constructive discharge, and emotional distress torts.","https://schema.org",{"og:url":78,"og:type":121,"og:title":59,"og:site_name":91,"og:description":61},"article",{"robots":123,"canonical":78},"index,follow",{"doc_id":125,"site_id":56},282786,1790127979,{"code":4,"msg":5,"data":128},{"doc_id":125,"user_id":129,"nickname":88,"user_avatar":130,"doc_module":9,"category_id":40,"category_name":41,"doc_title":59,"doc_description":61,"doc_content":131,"file_id":132,"file_url":133,"file_type":134,"file_size":135,"view_count":101,"is_deleted":4,"is_public":9,"is_downloadable":9,"audit_status":9,"page_count":79,"language":136,"language_code":57,"site_id":56,"html_lang":57,"table_of_contents":137,"faqs":138,"seo_title":139,"seo_description":61,"update_tm":140,"read_time":73},962085564549,"https://ap-avatar.wpscdn.com/davatar_085a072bc5b1113ac321206ff7593b45","STATE Q&A  \nEmployment Claims in Release Agreements: West Virginia by Jennifer Hagedorn, Bowles Rice LLP, with Practical Law Labor & Employment  \nStatus: Law stated as of 02 Jan 2024 | Jurisdiction: United States, West Virginia  \nThis document is published by Practical Law and can be found at: [content.next.westlaw.com/8-522-6815](content.next.westlaw.com/8-522-6815)  \nRequest a free trial and demonstration at: [tr.com/practicallaw-home](tr.com/practicallaw-home)  \nA Q&A guide to release of claims agreements for private employers in West Virginia. This Q&A addresses statutory and common law claims that may be released in a valid and enforceable written agreement, as well as employment claims or specific contract language that should be included or excluded. Federal, local, or municipal law may impose additional or different requirements. Answers to questions can be compared across a number of jurisdictions (see Employment Claims in Release Agreements: State Q&A Tool) .  \nEmployment Claims That Should Be Released  \n1. What state-specific employment-based claims (statutory and common law) should be included in a release of claims agreement?  \nWest Virginia law does not require a release of claims agreement to contain particular statutory or common law employment claims for the release to be effective for those claims.  \nA release of claims agreement in West Virginia generally includes a non-exhaustive list of specific types of claims released, including statutory and common law claims. Inclusion of any particular claim is a strategic decision based on the risk associated with each particular employer and employee.  \nCommon Law Claims  \nCommon law claims frequently listed as examples of types of claims released include:  \n• Breach of implied or express contract.  \n• Breach of the implied covenant of good faith and fair dealing.  \n• Libel.  \n• Slander.  \n• Defamation.  \n• Invasion of privacy.  \n• Wrongful discharge or termination.  \n• Retaliatory discharge or termination in violation of public policy.  \n• Constructive discharge or termination.  \n• Intentional infliction of emotional distress or tort of outrage.  \n• Negligent infliction of emotional distress.  \nStatutory Claims  \nThe statutory claim most frequently listed as an example of claims released is a claim for violation of the West Virginia Human Rights Act (W. Va. Code §§ 5-11-1 to 5-11-20), which applies to employers with 12 or more employees and prohibits discrimination based on:  \n• Race.  \n• Color.  \n• Sex.  \n• Pregnancy, childbirth, and pregnancy-related conditions under the Pregnant Workers’ Fairness Act (W. Va. Code § 5-11B-2(1)) .  \n• Age (40 or older) .  \n• Religion.  \n• National origin.  \n© 2024 Thomson Reuters. All rights reserved. Use of Practical Law websites and services is subject to the Terms of Use  \n([static.legalsolutions.thomsonreuters.com/static/agreement/westlaw-additional-terms.pdf](static.legalsolutions.thomsonreuters.com/static/agreement/westlaw-additional-terms.pdf)) and Privacy Policy ([a.next.westlaw.com/Privacy](a.next.westlaw.com/Privacy)) .  \nEmployment Claims in Release Agreements: West Virginia  \n• Ancestry.  \n• Blindness.  \n• Disability.  \n(W. Va. Code §§ 5-11-2, 5-11-3(d), and 5-11-9.)  \nAny release or waiver of claims under the West Virginia Human Rights Act must be knowing and voluntary (W. Va. C.S. R. § 77-6-3) .  \nFor a waiver of claims under the West Virginia Human Rights Act to be knowing and voluntary, all of these conditions must be met:  \n• The waiver is part of an agreement between the individual and the employer that is written:  \n– in plain English; and  \n– in a matter calculated to be understood by the average person with a similar educational and work background.  \n• The waiver:  \n– specifically refers to rights or claims arising under the West Virginia Human Rights Act; and  \n– does not extend to rights or claims arising after the waiver is executed.  \n• The individual:  \n– waives a right only in exchange for consideration","cbCaio7zRceVkAlg","https://ap.wps.com/l/cbCaio7zRceVkAlg","pdf",834614,"English","# Employment Claims That Should Be Released\n## Common Law Claims\n## Statutory Claims\n## Human Rights Act Waiver Requirements","[{\"question\":\"Does West Virginia law require specific employment claims to be included in a release agreement for it to be effective?\",\"answer\":\"No. West Virginia law does not require the release agreement to contain particular statutory or common law employment claims for effectiveness as to those claims.\"},{\"question\":\"What conditions must be met for a Human Rights Act waiver to be knowing and voluntary?\",\"answer\":\"The waiver must be in a plain-English, understandable written agreement that specifically references Human Rights Act rights or claims and does not extend to rights arising after execution. The employee must receive added consideration, written advice to consult an attorney with the State Bar’s toll-free number, at least 21 days to consider, and a right to revoke for at least seven days before effectiveness.\"},{\"question\":\"What common law claims are frequently listed as examples of claims released in West Virginia?\",\"answer\":\"Examples commonly include breach of contract (implied or express), breach of the covenant of good faith and fair dealing, libel, slander, defamation, invasion of privacy, wrongful or retaliatory discharge or termination, constructive discharge, and emotional distress torts.\"}]","Employment Claims in Release Agreements: West Virginia | PDF",1789582530]