SER Raven Crest Contracting and Xinergy of W. Va. v. Hon. William S. Thompson, Judge

Justice Ketchum :

In this action for a writ of prohibition, an employer asks us to examine a circuit court order denying a motion to dismiss a former employee's lawsuit. The former employee's complaint claimed that the employer engaged in two acts of discrimination: when it terminated the employee, and when it failed to rehire him 21 months later. The parties agree that the two-year statute of limitation precludes the wrongful termination claim. The question presented by the employer is whether the failure to rehire claim, filed only nine months after the alleged failure to rehire, is also…