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I. At-will employment and its exceptionsIn West Virginia, as a general rule, employment may be terminated at any time, with or without cause, at the will of either party. This is called the employment-at-will doctrine. See Williamson v. Sharvest Management Company, 415 S.E.2d 271 (W.Va. 1992). Under this doctrine, an employer can terminate an employee for a good reason, a bad reason, or no reason at all, so long as the reason is not illegal. Williams v. Precision Coil, Inc., 459 S.E.2d 329, 340 (W.Va. 1995). See also Town of Romney Housing Authority v. West Virginia Human Rights Commission, 406 S.E.2d 434, 438 (W.Va. 1991) ("the question is not whether an  employment decision was essentially fair"); Conaway v. Eastern Associated Coal Corp., 358 S.E.2d 423 (W.Va. 1986) ("the reason [for discharge] need not be a particularly good one"). While the employment-at-will doctrine is the default rule in West Virginia, it is subject to many exceptions. A. Express employment … [Read more...] about “Labor and Employment Law,” West Virginia State Bar Practice Handbook

close Video Christine Hallquist: Transgender candidate makes history A look at Democratic gubernatorial candidate Christine Hallquist and how she could make history as the first transgender governor in the U.S. Madison businessman and political newcomer Bob Stefanowski has won the Republican primary for Connecticut governor, defeating four fellow GOP contenders and setting the stage for a pivotal battle with Businessman Ned Lamont in November. Connecticut is ground-zero for Republican efforts to continue their gains in deeply progressive New England. Even though Connecticut voted for Hillary Clinton by double-digits in 2016, the state's governor, Dan Malloy, is deeply unpopular, with critics citing high taxes and an ongoing budget crisis. Malloy declined to seek a third term. Meanwhile, in Minnesota, Tim Pawlenty -- who briefly ran for president in 2012 -- was denied in his effort to stage a political comeback and become Minnesota’s governor again, … [Read more...] about Gubernatorial primary results: Pawlenty comeback derailed; ‘Bob the Rebuilder’ nominated in CT primary

The federal antitrust enforcement agencies have trumpeted their preferences for structural, as opposed to conduct, remedies as the solution to potentially anticompetitive mergers.[1] In contrast, State Attorneys General have been more willing to enter into conduct remedies, particularly in the health care field,[2] although in a recent closely watched proceeding, a Massachusetts state judge declined to enter a health care merger consent agreement.[3] However, as a new merger agreement entered into by the Attorney General of West Virginia (AG) shows, remedial conduct merger decrees still remain part of the state antitrust enforcement toolkit.On July 31, 2015, West Virginia Attorney General Patrick Morrisey cleared the proposed acquisition of St. Mary’s Medical Center (St. Mary’s) by Cabell Huntington Hospital, Inc. (Cabell), pursuant to an agreement between the parties. The agreement, approved by the Cabell County Circuit court, established conditions ensuring that the … [Read more...] about West Virginia AG Clears Merger Creating Second Largest Hospital Chain in the State with Conduct Remedy

In a rare Medicaid payment decision, the West Virginia Supreme Court of Appeals last week reversed the decision of the Bureau for Medical Services (“BMS”) regarding reimbursement of liability insurance costs for nursing facilities. Heartland of Beckley WV, LLC v. Bureau for Medical Services, No. 15-0595 (W. V. S. Ct. October 26, 2016). The Court reversed a BMS limitation on reimbursement to insurance premiums only, and required BMS to allow a broad range of costs, including all direct legal expenses, settlements, and judgments.  The Court remanded the case for further fact-finding on whether the total costs were "out of line" with similar facilities.In the rate decisions at issue, BMS had denied reimbursement for any insurance program costs other than actual insurance premiums paid by the skilled nursing facilities (owned by HCR). Because the facilities were covered by high-deductibles or high retention policies, most insurance program costs were disallowed, … [Read more...] about West Virginia Supreme Court Issues Rare Medicaid Payment Decision

Sections SEARCH Skip to content Skip to site index Politics Subscribe Log In Log In Today’s Paper Politics | Bernie Sanders Steps Out With His Favored Political Partner: His Wife Supported by BySydney Ember Nov. 30, 2018 BURLINGTON, Vt. — When Jane Sanders introduced her event’s keynote speaker here on Thursday night, she called him “my best friend” but didn’t say his name. “I won’t tell you who that is because I don’t want to give it away,” she quipped from the stage. Exactly no one was surprised when her husband, Bernie Sanders, marched to the podium. As speculation grows about whether Mr. Sanders will mount another bid for the White House, the Vermont senator had returned with his wife to his home state for the inaugural Sanders Institute Gathering, a three-day symposium to discuss issues like Medicare for All that he had pushed to popularize. … [Read more...] about Bernie Sanders Steps Out With His Favored Political Partner: His Wife