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.