What are Virginia's Laws on the Termination of Employment?

Employers in Virginia can typically terminate an employee without establishing just cause.

In Virginia, as in most states, employers can legally terminate employees for almost any reason. Even if the employee thinks the termination was unjust, he does not have any recourse in the court system except in a few narrow instances. In Virginia and elsewhere, the law typically gives the employer the majority of the power in the employer-employee relationship.

Employment-at-Will

Like the majority of states, Virginia abides by the employment-at-will doctrine. This rule means an employer can terminate an employee for any reason and the employee generally has no legal grounds for challenging the termination. In most cases, the employer may fire a worker and does not have to give a reason at all.

Discrimination

An employee can challenge a job termination if she thinks the employer has discriminated based on age, race, sex, ethnicity or religion. The federal Civil Rights Act makes discrimination on these bases illegal. Likewise, an employer may not discriminate based on a handicap or disability, in accordance with the Americans with Disabilities Act.

Safety Issues

The federal Occupational Safety and Health Administration (OSHA) has established guidelines for safety in the workplace. If an employee has filed a health or safety complaint and the employer fires him as a result, the employee may challenge the job termination under Virginia law.

Public Policy Exception

Virginia is one of a majority of states that views a job termination as wrongful if it violates state public policy. If an employer asks an employee to break the law and the employee refuses, the employer may not fire the employee as a result. The policy must be explicit based on the state constitution and statutes.

No Other Exceptions

Some states, but not Virginia, support wrongful termination claims in the case of implicit contracts between employers and employees. Virginia does not recognize the implied contract exception. In the absence of an actual contract, such as a collective bargaining agreement, Virginia employers may fire employees even for reasons that may conflict with oral or written company policies.

Severance Pay

A Virginia employer does not have to offer severance pay upon terminating an employee. However, it must pay whatever wages the employee has earned during the current pay period. The company may wait until the next scheduled pay period to pay these wages.

References

• The Virginia Department of Labor and Industry: Frequently Asked Questions: Labor and Employment Law
• U.S. Equal Opportunity Employment Commission: Laws Enforced by EEOC
• Bureau of Labor Statistics: The Employment-at-Will Doctrine: Three Major Exceptions
• The Virginia Department of Labor and Industry: Labor and Employment Law
• City of Alexandria, Virginia: Employer Requirements

Resources

• Virginia Labor Law Frequently Asked Questions