Capuder Fantasia PLLC

07/06/2025

Let me start with one of my favorite letters from American history, a letter from John Adams to his wife, Abigail, about the decision on July 2, 1776, for the colonies to declare their independence: "The second day of July, 1776, will be the most memorable epocha in the history of America. I am apt to believe that it will be celebrated by succeeding generations as the great anniversary festival....

04/15/2025

This is really just a heads up to other attorneys. I am still seeing a lot of lawyers incorrectly cite the West Virginia Human Rights Act to its prior location. The West Virginia had been originally codified at § 5-11-1. Because of the West Virginia legislature reorganizing last year various part of the West Virginia Code, the Human Rights Ac t has been relocated to W....

This is really just a heads up to other attorneys. I am still seeing a lot of lawyers incorrectly cite the West Virginia Human Rights Act to its prior location. The West Virginia had been originall…

04/15/2025

Introduction Running background checks on job applicants is a pretty standard part of the hiring process these days. But just because something is common doesn’t mean it’s simple. Between federal laws, state regulations, and privacy concerns, employers have to walk a fine line. And for applicants, it’s important to understand your rights—especially if something from your past might show up....

Introduction Running background checks on job applicants is a pretty standard part of the hiring process these days. But just because something is common doesn’t mean it’s simple. Between federal l…

04/13/2025

IntroductionMost people think of getting fired as a clear-cut event—your boss calls you into the office, maybe there’s a stern conversation, and you’re sent packing. But not every termination is that explicit. Sometimes, the working conditions get so bad that an employee feels they have no real choice but to quit. That’s where the legal concept of constructive discharge comes into play....

IntroductionMost people think of getting fired as a clear-cut event—your boss calls you into the office, maybe there’s a stern conversation, and you’re sent packing. But not every termination is th…

04/13/2025

I'm following up on my earlier article about social media issues in the workplace. Introduction In today's digital age, social media platforms like Facebook, Twitter, LinkedIn, and Instagram have become integral to our daily lives. For employers and employees alike, these platforms offer opportunities for networking, branding, and personal expression. However, they also present challenges when personal posts intersect with professional responsibilities....

I'm following up on my earlier article about social media issues in the workplace. Introduction In today's digital age, social media platforms like Facebook, Twitter, LinkedIn, and Instagram have b…

04/10/2025

The Family and Medical Leave Act of 1993 (FMLA) provides eligible employees with the right to take unpaid, job-protected leave for certain family and medical reasons. But what happens when an employer allegedly blocks, discourages, or denies that leave? That’s where the interference claim comes in. This article dives into the legal foundation for FMLA interference claims, what employees must prove, the defenses employers can raise, and the damages available to successful claimants....

The Family and Medical Leave Act of 1993 (FMLA) provides eligible employees with the right to take unpaid, job-protected leave for certain family and medical reasons. But what happens when an emplo…

04/09/2025

IntroductionThe Family and Medical Leave Act (FMLA) is one of those workplace laws that almost everyone’s heard of—but few really understand until they’re knee-deep in paperwork, doctor’s notes, and questions about what counts as “serious.” And among the most misunderstood areas? Intermittent leave. Whether you're representing a clinic juggling nurse schedules or advising a worker managing migraines or caregiving duties, intermittent FMLA leave is where things get tricky....

IntroductionThe Family and Medical Leave Act (FMLA) is one of those workplace laws that almost everyone’s heard of—but few really understand until they’re knee-deep in paperwork, doctor’s notes, an…

04/08/2025

Let’s face it—providing references for former employees can feel like walking a tightrope. Employers want to be honest, but they also want to avoid getting sued. Employees want a fair shot at future jobs, but worry that a bad reference will sabotage their chances. And as with many areas of employment law, it’s not always clear where the legal lines are drawn....

Let’s face it—providing references for former employees can feel like walking a tightrope. Employers want to be honest, but they also want to avoid getting sued. Employees want a fair shot at futur…

04/04/2025

Let’s talk about something that sounds minor—but can turn into a major wage-and-hour issue for employers: time rounding. You’ve probably seen it in action. An employee clocks in at 8:56 a.m., but the system rounds it to 9:00 a.m. Or someone clocks out at 5:04 p.m., but it’s recorded as 5:00 p.m. Seems harmless, right? Maybe even a helpful administrative shortcut....

Let’s talk about something that sounds minor—but can turn into a major wage-and-hour issue for employers: time rounding. You’ve probably seen it in action. An employee clocks in at 8:56 a.m., but t…

04/03/2025

When employees say their workplace is “toxic” or “hostile,” they’re often using the term loosely—maybe it’s office drama, an annoying boss, or just a generally tense atmosphere. But in employment law, a hostile work environment has a very specific legal meaning. And as courts have refined the standard over the years, the line between what's actionable and what's just unpleasant has gotten sharper (but not necessarily clearer)....

When employees say their workplace is “toxic” or “hostile,” they’re often using the term loosely—maybe it’s office drama, an annoying boss, or just a generally tense atmosphere. But in employment l…

04/02/2025

Most folks in West Virginia—employers and employees alike—have heard the phrase “at-will employment.” It gets tossed around a lot, especially when someone’s been fired and is trying to figure out if it was legal. But like a lot of legal phrases, “at-will” means more (and sometimes less) than people assume. In this article, we’re going to take a clear-eyed look at what at-will employment actually means under West Virginia law, the key exceptions to it, and how courts treat wrongful discharge claims....

Most folks in West Virginia—employers and employees alike—have heard the phrase “at-will employment.” It gets tossed around a lot, especially when someone’s been fired and is trying to figure out i…

04/01/2025

I recently wrote an article about workplace drug-testing, and this article takes a deeper dive into a relatively new law in West Virginia on the issue. The West Virginia Safer Workplace Act (the "Act"), W. Va. Code § 21-3E-1 et seq,, passed in 2017, represents a significant development in the state's approach to workplace drug and alcohol testing. Enacted to provide employers with greater latitude in ensuring safe and productive work environments, the Act addresses several legal precedents and attempts to establish clear guidelines for both employers and employees....

I recently wrote an article about workplace drug-testing, and this article takes a deeper dive into a relatively new law in West Virginia on the issue. The West Virginia Safer Workplace Act (the "A…