WEST VIRGINIA UNEMPLOYMENT LAW�NAUIAP 2025�Kansas City, MO�Parween S. Mascari, JD/MBA
Recent legislative changes
�1. BOARD OF REVIEW NO LONGER NEEDS TO APPEAR IN THE WEST VIRGINIA INTERMEDIATE COURT OF APPEALS;�2. JOBS AND REEMPLOYMENT ACT OF 2024; and�3. CHANGED IN 2025 - DRUG TESTING – FAILING A DRUG TEST IS CONSIDERED GROSS MISCONDUCT��
2024 and 2025
Recent legislative changes in West Virginia Unemployment Law
BOARD OF REVIEW MUST APPEAR IN THE WEST VIRGINIA INTERMEDIATE COURT OF APPEALS!
THE “OLD” LAW
West Virginia Code Chapter 21A. Unemployment Compensation § 21A-7-20. Board a necessary party to judicial action; legal counsel
The board shall be made a party to every judicial action which involves its decisions. The board may be represented in such actions by an attorney of the department or at the board's request, by the attorney general.
W. Va. Code § 21A-7-20 (emphasis added)
BOARD OF REVIEW NO LONGER NEEDS TO APPEAR IN THE WEST VIRGINIA INTERMEDIATE COURT OF APPEALS!
THE “NEW” LAW
§21A-7-20. Board a necessary party to judicial action; legal counsel.
[Repealed.]
WEST VIRGINIA’S JOBS AND REEMPLOYMENT ACT OF 2024
What is a “job search”?
When do you not have to look for work?
WEST VIRGINIA’S JOBS AND REEMPLOYMENT ACT OF 2024
Handouts and charts are available upon request.
CHANGES TO THE
DRUG TESTING LAW IN
WEST VIRGINIA
(Effective in 2025)
PRE-2025: WHAT HAPPENS IF A CLAIMANT FAILS A DRUG TEST IN WV?
THAT DEPENDS!
Gross misconduct consisting of willful destruction of his or her employer’s property; assault upon the person of his or her employer or any employee of his or her employer; if the assault is committed at the individual’s place of employment or in the course of employment; reporting to work in an intoxicated condition, or being intoxicated while at work; reporting to work under the influence of any controlled substance, as defined in chapter 60A of this code without a valid prescription, or being under the influence of any controlled substance, as defined in said chapter without a valid prescription, while at work; adulterating or otherwise manipulating a sample or specimen in order to thwart a drug or alcohol test lawfully required of an employee; refusal to submit to, or failure of, random testing for alcohol or illegal controlled substances for employees in an employment position where alcohol or drug use creates an inherent risk to the health and safety of the employee or others, or employees in safety-sensitive positions as defined in §21-1D-2 of this code; violation of an employer’s drug-free workplace program; violation of an employer’s alcohol-free workplace program; arson, theft, larceny, fraud, or embezzlement in connection with his or her work; or any other gross misconduct, he or she is disqualified for benefits until he or she has thereafter worked for at least 30 days in covered employment….
W. Va. Code §21A-6-3(2). Disqualification for benefits. (emphasis to show 2025 code changes)
Recent legislative changes in �WEST VIRGINIA UNEMPLOYMENT LAW�NAUIAP 2025�Kansas City, MO�Parween S. Mascari, JD/MBA
Questions?
THANK YOU!