McClung v. Marion County Commission

In McClung v. Marion County Commission, 178 W. Va. 444, 360 S.E.2d 221 (1987), the Court explained as follows: "One of the fundamental rights of an employee is the right not to be the victim of a "retaliatory discharge," that is, a discharge from employment where the employer's motivation for the discharge is in contravention of a substantial public policy . . . . Certainly it is in contravention of substantial public policies for an employer to discharge an employee in retaliation for the employee's exercising his or her state constitutional rights to petition for redress of grievances (W. Va. Const. Art. III, 16) and to seek access to the courts of this State (W. Va. Const. Art. III, 17) by filing an action . . . for overtime wages." (Id. at 450, 360 S.E.2d at 227.)