HB 2799
Prohibiting the termination of employment of an employee who defends themselves from an attack inside workplace
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- Passed House of Delegates
- Passed Senate
- To Governor
- Became Law
Bill overview
This bill protects employees in West Virginia from being fired for defending themselves or others from an attack within the workplace. It allows employees to use deadly force against an attacker without a duty to retreat if they reasonably believe they or another person is in imminent danger of death or serious bodily harm. However, the protection does not apply if the employee is attempting to commit a felony, initially provoked the attack, or is engaging in other specific circumstances outlined in the legislation.
Key provisions
- Employees can use deadly force against an attacker in their workplace without a duty to retreat if they reasonably believe imminent danger exists.
- The bill extends this protection to situations where an employee defends themselves or others from an attack.
- The protection does not apply if the employee is engaging in a felony, provoked the attack, or failed to withdraw from contact with the attacker.
- It clarifies that the use of reasonable and proportionate force constitutes a full defense against civil actions.
- The bill specifically addresses situations where an employee is attacked by someone not an employee or co-worker.
Who is affected
- Employees
- Employers
- Workplace owners
- Individuals who may be attacked in the workplace
Notable changes
- Expands the existing legal protections for using force to include workplace attacks.
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