Legal Protections for West Virginia Employees Over 40
Older workers bring experience and value to the workplace — but too often, they face unfair treatment solely because of their age. If you’re 40 or older and believe your employer has passed you over, demoted you, or pushed you out based on age, you may have legal grounds to take action.
Addair Entsminger PLLC Helps West Virginia Employees Combat Age Discrimination
Addair Entsminger PLLC represents employees across West Virginia who have been subjected to age-based bias. We work to uncover the truth behind employment decisions, hold employers accountable, and secure justice for clients who’ve been treated unfairly due to their age.
Age Discrimination Under Federal and State Law
The Age Discrimination in Employment Act (ADEA) protects workers age 40 and older from discrimination in hiring, promotions, layoffs, pay, training, and other employment decisions. Employers cannot favor younger employees simply because of their age.
In West Virginia, the Human Rights Act provides similar protection. Employers with 12 or more employees are prohibited from making employment decisions based on age. These laws also apply to hostile work environments and retaliation for reporting age-related mistreatment.
Signs of Age Discrimination in the Workplace
Age discrimination isn’t always obvious. Common red flags include:
- Sudden performance criticisms despite years of solid reviews
- Younger workers being promoted over more qualified older ones
- Jokes or comments about retirement, “slowing down,” or being “out of touch”
- Reassignment to less desirable roles without explanation
- Targeted layoffs or forced retirements involving older staff
If you’ve experienced any of these, your employer may be violating the law.
What to Do If You Suspect Discrimination
If you believe you’ve been treated unfairly because of your age:
- Document what happened, including dates, people involved, and company policies
- Preserve emails, memos, or reviews that support your claim
- Contact an employment lawyer immediately — deadlines to act are short
You may be entitled to reinstatement, back pay, or other relief under federal or state law.
If you’re facing age discrimination at work, Addair Entsminger PLLC is ready to fight for your rights. Call (304) 881-0411 today to get started.
