Claims of wrongful termination in Virginia are frequently complicated. The majority of states, including Virginia, allow for “at-will” employment. It follows that you can leave your job or get fired at any time for just about any cause. You are not required to receive a written explanation from your employer before being fired.
Virginia companies are forbidden by federal law from terminating a worker based on their race, color, national origin, sex, pregnancy, religion, age, disability, or citizenship. Smaller businesses, however, might not be required to follow these laws.
Additionally, Virginia law also forbids workplace discrimination on race, color, national origin, sex, pregnancy, religion, handicap, age, genetic information, or marital status.
What are the legal grounds for firing a Virginia employee?
In Virginia, it is against the law to terminate a worker if the basis for the firing was discrimination or if the firing contravened a state or federal law.
For instance, consider the case of a pregnant woman who was fired after exercising her right to take time off under the federal family and medical leave law. The most successful wrongful termination claims in Virginia are those that are based on these specific types of statutory infractions.
It might be difficult to comprehend the regulations governing an employer’s right to fire an employee and an employee’s right to work. If you feel your termination was unlawful, you should seek legal advice from a Wrongful Termination attorney virginia.
Employment contract breach due to Wrongful Termination
In Virginia, a breach of the employment contract may be the basis for wrongful termination claims. Despite this, Virginia law presumes that the employment is ‘at-will’ even if the parties to the agreement have a written agreement. Thus, it is the responsibility of the employee to demonstrate that the contract restricted the employer’s ability to fire them.
Public Policy Offense
In Virginia, terminating a worker would be illegal if it goes against public policy. Suppose you terminate an employee for abiding by the law or refusing to commit a crime while in the workplace, you would be in violation of public policy. In order to be considered substantial, however, the policy must be based on existing law or constitutional provision, typically.
Repercussions for Wrongful Termination
The most common punishment for wrongful termination is financial penalties, such as fines and compensation for lost wages. An employee who has been terminated may sue the company for benefits and reinstatement.