HB 5001
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 inside their workplace. It allows employees to use reasonable and proportionate force, including deadly force, against an attacker if they reasonably believe they or another person is in imminent danger of death or serious bodily harm. However, there are exceptions where the employee is attempting to commit a felony, initially provoked the attack, or continues to use force after withdrawing from the situation. The bill also clarifies that the use of force is a complete defense to civil lawsuits.
Key provisions
- Employees can use reasonable and proportionate force, including deadly force, to defend themselves or others from attacks in the workplace.
- Employees do not have a duty to retreat when using force to defend themselves or others from imminent danger of death or serious bodily harm.
- The use of force is a complete defense against civil lawsuits brought by an attacker.
- Employees cannot be terminated solely for using reasonable and proportionate force in self-defense.
- The bill does not apply if the employee is attempting to commit a felony or initially provoked the attack.
- The bill does not apply to creating hazardous conditions to prevent criminal conduct.
Who is affected
- Employees
- Employers
- Workplace Owners
- West Virginia Residents
Notable changes
- Expands the right to use deadly force in the workplace for self-defense under specific circumstances.
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