Stanley v. Sewell Coal Co.

*73Miller, Justice:

Kenneth E. Stanley appeals from a judgment of the Circuit Court of Nicholas County dismissing his retaliatory discharge action against Sewell Coal Company (Sewell) on the ground that it was time-barred by the one-year limitation period of W. Va. Code, 55-2-12(c). Stanley contends that his action sounds in contract and that the applicable limitation period is therefore five years under W. Va. Code, 55-2-6. Alternatively, Stanley argues that his action sounds in tort and should take the two-year limitation period of W. Va. Code 55-2-12(b), since his action can be considered as…