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West Virginia State Code supports volunteer firefighters
West Virginia State Code
§21-5-17. Employers prohibited from discharging employees for time lost as a volunteer firemen.
No employer may terminate an employee who is a member of a volunteer fire department and who, in the line of emergency duty as a volunteer firemen, responds to an emergency call prior to the time he is due to report for work and which emergency results in a loss of time from his employment. Any time lost from employment as provided in this section may be charged against the employee's regular pay or against the employee's accumulated leave, if any, at the option of the employee. At the request of an employer, any employee losing time as provided herein shall supply his employer with a statement from the chief of the volunteer fire department stating that the employee responded to an emergency call and the time thereof.
As used in this section, "emergency" shall mean going to, attending to or coming from: (1) A fire call; (2) a hazardous or toxic materials spill or cleanup; or (3) an other situation to which his or her fire department has been or later could be dispatched. The term "employer" includes any individual, partnership, association, corporation, business trust or any person or group of persons acting directly or indirectly in the interest of an employer in relation to any employee.
Any employer who willfully and knowingly violates the provisions of this section shall be required to reinstate such employee to his former position and shall be required to pay such employee all lost wages and benefits for the period between termination and reinstatement. Any action to enforce the provision of this section shall be commenced within a period of one year after the date of violation and such action shall be commenced in the circuit court of the county wherein the place of employment is located.
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