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· 7/17/1987

McClung v. Marion County Commission

Citations

  • 360 S.E.2d 221
  • 178 W. Va. 444
  • 1987 W. Va. LEXIS 592

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

  • holding that substantial public policy is grounded in Wage and Hour Act, West Virginia Code § 21-5C-8
  • holding that substantial public policy is grounded in Wage and Hour Act, West Virginia Code § 21-5C-8
  • recognizing that contravention of substantial public policy exists where employer discharges employee in retaliation for employee’s exercise of state constitutional rights to petition for redress of grievances and to seek access to courts by filing action for overtime wages
  • finding right of action for retaliatory discharge based on a right to file for overtime wages pursuant to West Virginia Code § 21-5C-8
  • award of punitive damages in retaliatory discharge case is appropriate where wrongful conduct is wanton, willful or malicious
  • punitive damages recoverable for retaliatory discharge where the defendant's conduct was wanton, willful or malicious

Source: CourtListener parenthetical corpus (CC0).

Judges: McHUGH

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This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.