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 important that you know how your work setup is classified. Arrangements for employment that are under a set term contract are not "at will", and may only be terminated according to the clauses contained in the agreement.
What are the Illegal Grounds for Terminating At Will Employment in Virginia?
The most common illegal ground for terminating a Virginia employee is discrimination. An employer cannot terminate an employee simply for being of a specific race, nationality, religion or gender. Employers in Loudon County 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.
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. Lastly, an employer may not fire an employee for refusing to do something illegal, for exercising a legal right, or performing a legal obligation.
Do I Need a Virginia Attorney for My Wrongful Termination Case?
Loudon County, 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 proper information and documents, and will guide you through any unique or special procedures.