The majority of employment relationships in Virginia fall into the category of "at-will" employment. This form 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 basic 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. Thus, it is essential 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 may only happen in accordance with procedures outlined in the contract.
What are the Illegal Grounds for Terminating At Will Employment in Virginia?
Regarding terminating a Virginia employee, discrimination is the most common illegal reason. An employer may not fire an employee just because they are of a specific race, religion, gender, or nationality. Culpeper employers are further barred from firing at-will employees in order to retaliate against them for filing a legal discrimination claim or initiating an investigation of discrimination.
Additionally, the Family and Medical leave act prohibits employers from firing employees for having taken leave for family or medical reasons. Finally, employees are protected from being terminated by their employer for performing a legal obligation, exercising their legal rights, or for refusing to participate in an illegal act.
Do I Need a Virginia Attorney for My Wrongful Termination Case?
Attorneys in Culpeper, Virginia may be able to inform you as to whether a wrongful termination has occurred, and can assist you in collecting the required documents for your case. There may also be unique or unfamiliar procedures, and an attorney can guide you through these as well.