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 arrangements that do not qualify as "at will" are not subject to the same limitations and restrictions, so it is critical that you know how your work setup is classified. Generally, 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 unlawful grounds for terminating an employee in Virginia. Employers are not allowed to terminate an employee because of their race, religion, nationality, or gender. A Front Royal employer also is prohibited from terminating at-will employees as a form of retaliation if the worker has sought an investigation into discrimination or has filed a legal claim for discrimination against the employer.
Also, under the Family and Medical Leave Act, employers may not terminate employees who have taken leave for family reasons or medical treatment. 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?
Front Royal, Virginia lawyers are knowledgeable and can inform you properly as to whether a wrongful termination has occurred. They will also be able to help you gather the necessary information and documents, and will guide you through any unique or special procedures.