Employment Law Bailess Smith PLLC - fighting for West Virginians

Charleston Employment Lawyer

Defending Workers Throughout Morgantown & West Virginia

Work is an important part of life. It gives some purpose, reinforcement, and focus to each day. We rely on our workplaces not only to promote the best of which we are capable but to protect our dignity and give us a safe place to grow. When workplace safety is compromised, such as in cases of sexual harassment, discrimination, or other unfair practices, it can be near impossible to make positive contributions to your company.

At Bailess Smith PLLC, we help employees whose safety is threatened in the workplace. Our Charleston employment lawyers bring over 25 years of shared experience to stand up for your rights.

Need representation in an employment law case? Reach out to Bailess Smith PLLC today at (304) 553-0337. Our law firm offers free consultations and contingency fee pricing—no fee unless you recover.

AReas of Employment Law We Handle

While criminal proceedings can be obvious when it comes to determining illegal behavior, workplace practices often occupy a gray area. While you may be sure your employer is not treating you the way they should, you will need to build a strong case to prove they are actually in violation of a law or statute. Bailess Smith PLLC can help you go over the details of your case and move forward with a well-constructed accusation.

We help clients dealing with employment matters such as:

  • Sexual harassment - Harassment in the workplace can take many forms, from explicit use of language to requests of sexual favors by an employer.
  • Retaliation - Actions that employers take against employees who report wrongdoings. This covers a broad range of actions from Harassment to improper safety procedures.
  • Race discrimination - A form of discrimination that is prohibited by federal law. If you have suffered racial discrimination in a public or private sector you need to take legal action.
  • Pregnancy discrimination - Discrimination can occur in the workplace if a well-qualified pregnant woman is denied a promotion because of her pregnancy. This is a form of discrimination.
  • Disability discrimination - Protection from the ADA ( Americans with Disabilities Act ) makes it illegal for an employer to discriminate against a qualified person with a disability.
  • Whistleblower laws - You have rights to protect yourself and reach out to authorities if your employer is engaging in illegal conduct.
  • Wrongful termination - If you were fired for an unlawful reason, you may have grounds for a legal action against your employer.

Your Rights as a worker in West Virginia

In addition to federal law, our attorneys understand the importance of knowing your rights under West Virginia state employment law.

Examples of employment law cases related to the state of West Virginia include:

  • Mandatory Overtime - West Virginia prohibits mandatory overtime, and nurses in particular are not permitted to work more than 16 hours in a day
  • Meal Breaks - In West Virginia, employees are allowed at least 20 minutes break time per six consecutive hours worked, with some exceptions
  • Legal Holidays - In addition to most federally recognized holidays, West Virginia also recognizes West Virginia Day on June 20th

These are just a few examples of how the state law in West Virginia affects the rights of employees. It's important to reach out to an employment attorney with experience in local laws to go over your case.

Building an Effective Employment Case

Knowing labor and employment law does not necessarily win cases—you need the right approach and attitude. With decades of experience representing employees, our lawyers in Charleston understand how to stand strong in defense of your interests.

In many cases, you may be entitled to:

  • Lost wages, including unpaid overtime
  • Back pay
  • Punitive damages
  • Pain and suffering

Your employer should be aware that their behavior is not only troubling but also illegal. We hope to help our clients obtain compensation for their losses while helping companies make corrections to the way they conduct business.

Will I Lose My Job If I Report My Employer?

Though you may be worried about losing your job as a result of bringing an employment lawsuit to your employer, you are protected by law. Retaliation laws make it so those who report unlawful behavior by their employer cannot be punished at work as a result.

You have nothing to lose by calling us and finding out more about the legal options you have available. You never know—there may be other employees suffering from the same problems who do not have the strength to stand up for their rights

Let Us Help You Defend Your Employment Rights Today!

At Bailess Smith PLLC, we offer free consultations and do not collect a fee unless you are able to recover. We want to stand by your side, build a strong case, and help you obtain the best possible outcome for your situation. Our Charleston employment law attorneys can help you understand what you are up against so you can fully prepare for the legal challenges you have ahead.

Let us help you stand up for what is right. Call our Charleston office at (304) 553-0337 or contact Bailess Smith PLLC online to schedule your free consultation.

Client Reviews

  • I highly recommend and am thankful for this law firm.

    “Bailess Smith took care of me and my family. As a former combat veteran and coal miner, I highly recommend and am thankful for this law firm.”

    - D. P.
  • Clients can expect to be treated with the utmost respect from minute one

    “Bailess Smith has helped me in so many different ways. Clients can expect to be treated with the utmost respect from minute one – no sugar coating. Bailess Smith shot me straight from the outset. ...”

    - Diana W.

Case Results

  • $1 Million Sexual Harassment

    We represented female employees who endured relentless sexual harassment in the workplace by their supervisor. The work environment was so bad for these young ladies that they had no choice but to quit. We successfully obtained a $1,000,000 settlement on our clients’ behalf. Bailess Smith strives to make workplaces safer and free of sexual harassment.

  • $400 Thousand Sexual Harassment

    A large employer failed to protect our client from being sexually harassed and groped in to the workplace by her male co-workers. We fought for our client and held this large employer accountable for the actions of their employees resulting in a $400,000 settlement.

  • $500 Thousand Violation of the West Virginia Patient Safety Act

    A healthcare facility fired our client in retaliation for reporting understaffing in violation of the West Virginia Patient Safety Act. Safety should never be silenced. We obtained a $500,000 settlement on behalf of our client.

  • $500 Thousand Workplace Harassment & Degrading

    Our client was subjected to harassment and degrading conduct in the workplace because of his race. He called Bailess Smith to help him alleviate the hostile work environment. We got involved and the employer paid our client $500,000 to resolve the case.

  • $1.5 Million Sexual Harassment/Wrongful Discharge

    Recovered over $1.5 million in a workplace sexual harassment case.

  • $1.6 Million Coal Contract Dispute Verdict

    Company awarded a $1.6 million verdict in a trial involving a coal contract dispute.

  • $1 Million Commercial Trucking Accident

    Injured truck driver awarded $1 million in a commercial trucking accident case.

  • $5 Million Illegally Withheld Wages

    Recovered over $5 Million for thousands of West Virginia workers.

  • $2.7 Million Commercial Contract Dispute

    Obtained $2.7 Million arbitration award in a commercial coal contract dispute.

  • $4 Million Workplace Accident

    Recovered $4 Million as a result of a workplace accident in the coal mines.


The Bailess Smith PLLC Difference

  • Free Consultations: No Recovery, No Fee
  • Over $90 Million in Judgments & Settlements
  • Open Communication: Phones & Email Are Always Monitored
  • We Are Honest & Upfront With Our Clients
  • Personable & Friendly Legal Team

Contact Us

Schedule your free consultation today!
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