SB 567
Prohibiting employment termination of employee who defends themselves from attack inside workplace
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Sign in to take action- Introduced
- Passed Senate
- Passed House of Delegates
- To Governor
- Became Law
Bill overview
This bill amends West Virginia law to protect employees who use reasonable force, including deadly force, to defend themselves or others from an attack in the workplace. It removes the requirement for employees to retreat in situations where they reasonably believe they or another person are 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 prohibited behaviors.
Key provisions
- Employees can use deadly force to defend themselves or others from an attack in the workplace without a duty to retreat.
- The bill removes the duty to retreat in cases of imminent danger of death or serious bodily harm.
- The protection against termination does not apply if the employee is engaging in criminal activity.
- The protection does not apply if the employee initially provoked the attack.
- The bill clarifies that the use of force is a complete defense to civil actions.
- It prohibits employers from terminating employees solely for using reasonable force in self-defense.
- 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
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