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The information you obtain at this site is not, nor is it intended to be, legal advice. You should consult an attorney for advice regarding your individual situation. We invite you to contact us and welcome your calls, letters and electronic mail. Contacting us does not create an attorney-client relationship. Please do not send any confidential information to us until such time as an attorney-client relationship has been established.

Jenkins Fenstermaker, PLLC

325 Eighth Street

Huntington, WV 25701-2225

Phone (304) 523-2100

Toll Free (866) 617-4736

Image of a laboratory assistant performing a test on a blood sample, representing the need to seek the advice of an experienced attorney before conducting  mandatory post-accident drug testing in WV.

Mandatory Post-Accident Drug Testing in WV

By Jenkins Fenstermaker, PLLC on 12/13/2017

Do you routinely test employees for illegal drugs and alcohol when they are involved in a workplace accident? If so, you may incur the wrath of both the U.S. Occupational Safety and Health Administration (OSHA) and the West Virginia (WV) Supreme Court. OSHA believes that employees may be afraid to report workplace injuries and illness for fear of retribution from their employers. That is why it has promulgated the "Final Rule to Improve Tracking of Workplace Injuries and Illnesses," which may impact mandatory post-accident drug testing in WV and elsewhere.


Silhouette of co-workers sitting at a window looking outside, representing the diversity of employees and how an experienced attorney can help employers understand their responsibilities regarding sexual orientation discrimination in the workplace in WV.

Sexual Orientation Discrimination in the Workplace in WV

By Jenkins Fenstermaker PLLC Of Jenkins Fenstermaker, PLLC on 12/11/2017

In recent years, many states and municipalities across the United States have sought to enact statutes and ordinances to include "sexual orientation" amongst the classes traditionally protected from discrimination. West Virginia (WV) has followed suit. WV Senate Bill 77, introduced on February 15, 2017, similarly sought to amend the West Virginia Human Rights Act and the West Virginia Fair Housing Act to include "sexual orientation" as a protected class and prohibit sexual orientation discrimination in the workplace in WV, in places of public accommodation, and in housing.


Image of a people walking on a spiral staircase, representing the different levels of the WV magistrate court jurisdiction.

The Civil Juridiction of WV Magistrate Courts: A Changing Landscape

By Gary A. Matthews Of Jenkins Fenstermaker, PLLC on 12/08/2017

Each level of court in the West Virginia (WV) court system has authority, or jurisdiction, over different types of case. The civil jurisdiction of the WV magistrate courts is no different. Magistrate courts are at the bottom of the pyramid of the West Virginia (WV) court system. The majority of civil cases are considered “small claims” and are heard here. Next on the pyramid are family courts, followed by circuit courts, otherwise known as “trial courts.” At the top of the pyramid is the Supreme Court of Appeals, to which the losing party in a civil or criminal case may petition to appeal a circuit court’s ruling.


Image of two employees reviewing paperwork, representing the need for WV employers to ensure compliance with company policies.

Trust but Verify: The Cold War’s Contribution to Corporate Compliance

By Jenkins Fenstermaker, PLLC on 12/04/2017

President Ronald Reagan wanted to learn a few Russian proverbs. An advisor had told him that Russians speak in proverbs and it might be handy to know a few as the United States and the U.S.S.R. negotiated arms treaties during the Cold War. One Russian proverb became President Reagan's favorite: "Doveryai, no proveryai" or "trust, but verify." At one joint press conference with his Soviet counterpart, the President repeated the proverb in both Russian and English. Communist Party General Secretary Mikhail Gorbachev laughed and said, "You repeat that at every meeting." President Reagan smiled and said, "I like it."


Image of a doctor with a clipboard and pen, representing how a WV living can help ensure your wishes are respected in the event you become incapacitated.

WV Living Will: Your Life, Your Decisions

By Anna Melissa Price Of Jenkins Fenstermaker, PLLC on 11/20/2017

Lawyers all over the country, as well as physicians, omnibus men and others in the legal and medical professions, spend a great deal of time trying to convince us all to have a “living will.” Some of us understand what a living will is, while others have vague thoughts about the living will and what can be accomplished by creating a living will. But what is a WV living will and do you really need one?


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