A term that is misused and does not mean what it appears to mean is “wrongful termination.” Virginia does not recognize the concept of wrongful termination per se. However, several regulations forbid firing employees for particular reasons, which can result in “wrongful terminations.”
Discussing your issue with a Wrongful Termination attorney virginia is advisable to ensure that you fully comprehend the laws. What exactly qualifies as wrongful termination in Virginia?
Virginia’s Workplace Regulations
Like many other states, Virginia’s employment regulations adhere to the “at-will” employment principles. Suppose you don’t sign a contract stating “just cause” termination. In that case, you can be terminated at any time during your employment (typically found only in union contracts and C-level executive agreements).
Exemptions from At-Will Employment Laws
A few exceptions, however, exist to the at-will employment standards provided by federal and state laws. These consist of that:
- Employment discrimination is unlawful in Virginia based on a person’s race, ethnicity, national origin, age, disability, faith, genetic information, pregnancy, marital status, sexual orientation, or gender identity.
- In Virginia, it is against the law for an employer to fire an at-will worker for reasons that go against public policy or would amount to retribution for filing a claim for discrimination or breaking another law or regulation.
- In addition, employers may be held liable for breach of contract if they terminate an at-will employee in a way that is in direct conflict with the employee’s employment contract (if the employee has such an agreement).
Employment Agreements Under Contract
When you sign an employment contract, it is binding for both the employee and the employer. In the event that the terms of the agreement are not met, both parties are responsible.
For instance, suppose an employee’s contract specifies specific grounds for termination, but the employer terminates the employee for unexplained reasons. The violation of the agreement would be regarded as a breach of that agreement.
Compensation for unjust terminations
Wrongfully fired employees may seek redress in a number of ways. A few of these include
- Compensation for lost earnings
- In addition, further restitution should be paid for harm done.
- Loss of benefits is compensable through the payment of compensation.
- Whether or not the remedy will be temporary or ongoing, an injunction will be granted.
- According to Virginia law, a plaintiff can receive up to $350,000 in punitive damages.
- Fees associated with court proceedings, such as attorney fees.
