What is Considered Wrongful Termination in Virginia?

Wrongful termination is a misunderstood term that does not mean what it seems to mean. There is no per se wrongful termination claim in Virginia. But there are specific laws that prohibit termination of employees for specific reasons, which can produce “wrongful terminations.” To make sure you fully understand the laws, its best to speak to an attorney about your case. So, what is considered wrongful termination in Virginia?

The Employment Laws in Virginia

Like many other states, Virginia employment laws follow the rules for “at-will” employment. This means that unless a worker has signed an employment agreement that contains provisions for “just cause” termination (which tends to only happen in union contracts and C-level executive contracts), an employer may terminate the employee for any reason and at any time during the course of employment.

Exceptions to At-Will Employment Laws

However, federal and state laws provide exceptions to the at-will employment rules. These include that:

• A Virginia employer is prohibited from firing an at-will employee based on a discriminatory reason such as race, color, national origin, sex, disability, religion, genetic information, pregnancy, marital status, sexual orientation, gender identity, and/or veteran status.
• It is illegal for a Virginia employer to terminate an at-will employee for reasons that contravene public policy or would constitute an act of retaliation for bringing a claim of discrimination or of the violation of some other law or ordinance.
• Finally, a Virginia employer can be sued for breach of contract if it terminates an at-will employee in a manner that breaches the terms of the employee’s employment contract (if the employee has a contract).

For example, if a Virginia employer fired a worker simply because she was pregnant, this would be illegal based on discrimination.

Contract Employment Agreements

When you sign an employment contract, it becomes a binding agreement for the employee and employer. If either party breaches the terms of agreement, they can be held liable. For instance, if an employee’s contract contains explicit grounds for termination and the employer fired the employee for reasons that were not specified, this could be considered a breach of contract.

Another example would be if your employment contract contains a provision stating that the employee may only be terminated for just cause and the employer did not provide adequate reason for termination.

Compensation for Wrongful Termination

There are several ways that wrongful termination may be remedied. These include:

• Lost wages or back pay
• Other compensatory damages
• Monetary damages for loss of benefits
• Temporary or permanent injunctive relief
• Punitive damages, which cap out at $350,000 in Virginia
• Attorney fees and other court related costs.

Negotiating a Settlement Agreement

Additionally, a Virginia employer may try to negotiate a settlement agreement with an at-will employee before trial or offer a severance package in exchange for the employee not bringing the wrongful termination lawsuit against the employer in court. Always consult your attorney before signing an agreement or accepting an offer.

Wrongful Termination Attorney in Northern Virginia

If you believe that you have been wrongfully terminated, it is important to speak to an attorney as soon as possible about your case. The attorneys at Cook Craig & Francuzenko have over 100 years of combined experience. These seasoned professionals are battle-tested both in the courtroom and at the negotiating table. Whether you need help with arbitration, a job loss, personal injury, divorce or perhaps your business is in trouble, Cook Craig & Francuzenko can help.