W. Va. Code R. § 77-6-3 - Waiver Must Be Knowing and Voluntary

3.1. An individual may not waive any right or claim under the West Virginia Human Rights Act unless the waiver is knowing and voluntary.

3.2. Except as provided in 3.3., a waiver shall not be considered knowing and voluntary unless all of the following conditions are met:

3.2.a. The waiver is part of an agreement between the individual and the employer that is written in plain English and in a manner calculated to be understood by the average person with a similar educational and work background as the individual in question;

3.2.b. The waiver specifically refers to rights or claims arising under the West Virginia Human Rights Act;

3.2.c. The waiver does not extend to rights or claims that may arise after the date the waiver is executed;

3.2.d. The individual waives a right only in exchange for consideration that is in addition to anything of value to which the individual already is entitled;

3.2.e. The individual is advised in writing to consult with an attorney prior to executing the agreement and is provided with the toll free telephone number of the West Virginia State Bar Association (1-800-642-3617);

3.2.f. The individual is given a period of at least twenty-one (21) days within which to consider the agreement; and

3.2.g. The agreement provides that for a period of at least seven (7) days following execution of such agreement, the individual may revoke the agreement in writing, and the agreement shall not become effective or enforceable until the revocation period has expired.

3.3. If a party who has filed a complaint pursuant to the West Virginia Human Rights Act executes a written release in connection with the settlement of the claims made in the complaint, and the release is entered into by the party with the direct assistance of an attorney who has made an appearance on behalf of such complaining party, the release may be considered a knowing and voluntary waiver without regard to the requirements of 3.2.e., 3.2.f. and 3.2.g.

Notes

W. Va. Code R. § 77-6-3