West Virginia § 21-3E-13 Defamation

West Virginia Statutes

§ 21-3E-13 — Defamation

West Virginia § 21-3E-13

Ch. 21LABOR

Art. 3ETHE WEST VIRGINIA SAFER WORKPLACE ACT

This text of West Virginia § 21-3E-13 (Defamation) is published on Counsel Stack Legal Research, covering West Virginia primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

W. Va. Code § 21-3E-13 (2026).

Text

No cause of action for defamation of character, libel, slander or damage to reputation is or shall be established for any person against any employer who has established a program of drug or alcohol testing in accordance with this article, unless:

(1)The results of that test were disclosed to a person other than the employer, an authorized employee, agent or representative of the employer, the tested employee, or the tested prospective employee, or the authorized agent or representative of the employee; and

(2)All elements of an action for defamation of character, libel, slander or damage to reputation as established by the relevant state statute or common law are satisfied.

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No cause of action for defamation of character, libel, slander or damage to reputation is or shall be established for any person against any employer who has established a program of drug or alcohol testing in accordance with this article, unless:

(1) The results of that test were disclosed to a person other than the employer, an authorized employee, agent or representative of the employer, the tested employee, or the tested prospective employee, or the authorized agent or representative of the employee; and

(2) All elements of an action for defamation of character, libel, slander or damage to reputation as established by the relevant state statute or common law are satisfied.