Ruby v. Insurance Commission of West Virginia
In Ruby v. Insurance Commission of West Virginia, 197 W. Va. 27, 475 S.E.2d 27 (1996), the Court explained that once the employee, Ms. Ruby, established a prima facie case, the burden shifted "to the Insurance Commission to show that it had a legitimate, non-retaliatory reason for dismissing Ms. Ruby." 197 W. Va. at 34, 475 S.E.2d at 34.
Subsequent to the employer's presentation of a legitimate basis for the discharge, "the burden then shifted back to Ms. Ruby 'to prove by a preponderance of the evidence that the reasons offered by the respondent were merely a pretext for the unlawful' retaliatory discharge." Id. at 35, 475 S.E.2d at 35.