The majority of employment relationships in Virginia fall into the category of "at-will" employment. This type of setup means that either employer or the employee is free to end the employment at any time they desire. In "at will" employment, the only general exception is that the reasons for termination must not be illegal or in violation of the law.

Employment that does not fall into the category of "at will" is not subject to the same restrictions. Therefore, it is important that you identify what type of employment arrangement you are involved in. In general, employment that is subject to a set period employment contract is not considered to be "at will", and termination can only happen in accordance with procedures outlined in the contract.

What are the Illegal Grounds for Terminating At Will Employment in Virginia?

In the state of Virginia, employee discrimination is the most common illegal ground for termination in an at-will employment. Employers are prohibited from terminating their employees on the basis of race, gender, religion, or nationality. Chincoteague employers are further prohibited from firing at-will employees in order to retaliate against them for filing a legal discrimination claim or initiating an investigation of discrimination.

Further, the Family and Medical Leave act makes it illegal for employers to terminate any of their employees who have taken leave based upon family or medical needs. Finally, employers are prevented from firing an employee because they have exercised a legal right, performed a legal obligation, or have refused to do something that is illegal.

Do I Need a Virginia Attorney for My Wrongful Termination Case?

A local Chincoteague, Virginia attorney can better inform you about whether a wrongful termination has occurred, and will also help in gathering the appropriate documents for your case. There may also be unique procedures that an attorney can shepherd you through.