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 arrangements that do not qualify as "at will" are not subject to the same limitations and restrictions, so it is crucial that you know how your work setup is classified. Typically, if your employment arrangement was for a set term, it is not "at will", and the employment can only be terminated according to procedure contained in the contract.
What are the Illegal Grounds for Terminating At Will Employment in Virginia?
Discrimination is the most common illegal grounds for terminating an employee in Virginia. Employers are not allowed to terminate an employee because of their race, religion, nationality, or gender. Employers in Dumfries may also not terminate at-will employees as an act of retaliation if they have filed a legal discrimination claim or prompted an investigation into discrimination.
Furthermore, the Family and Medical leave act prohibits employers from firing employees for having taken leave for family or medical reasons. 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?
Local Dumfries, Virginia lawyers can properly inform you regarding whether a wrongful termination has in fact occurred. They can also help you gather the necessary documents for your case, and can guide you through any procedures that may be unique or unfamiliar.