Reasons for Needing a Wrongful Termination Lawyer in Virginia
Are you in need of a wrongful termination lawyer in Virginia? You may be wondering how to find one. Well, if you live in Virginia and are looking for legal representation as a result of being wrongfully terminated from your job, we can help. At Cohen & Cohen, our wrongful termination lawyers in Virginia take on wrongful termination cases all over the state. We have helped thousands of people just like you get their jobs back and win the compensation that they deserve.
Have you been wrongfully terminated in Virginia, or are you considering suing an employer for wrongful termination? If so, it is important to understand your rights. A skilled lawyer can help with the legal aspects of this situation.
What is a wrongful termination lawyer?
Determining whether you have been wrongfully terminated can be a complicated process. If you believe that you have been wrongfully terminated, it is important to speak with an experienced wrongful termination lawyer. A wrongful termination lawyer can help you understand your rights and determine if you have a case.
A wrongful termination lawyer is a legal professional who helps employees who have been fired illegally. If you believe you have been wrongfully terminated, it is important to speak with a lawyer to learn about your rights and options. A wrongful termination lawyer can help you understand what happened, how to deal with the situation, and whether or not you can file a lawsuit.
If your case meets the criteria for being wrongfully terminated under employment law in your state, then it would be possible to take legal action. Wrongful termination can be very complicated, so it is important you speak with an experienced wrongful termination lawyer or law firm in order to understand your rights and options.
Reasons for Needing a Wrongful Termination Lawyer in Virginia
Virginia is a state with many employee protections, but sometimes employees find themselves in need of an employment lawyer. When an employer violates the rights of their employee, such as by firing them without cause or violating wage and hour laws, they may be entitled to compensation for damages.
If you believe you have been wrongfully terminated from your Virginia job, a wrongful termination lawyer Virginia employees recommends may be able to help. It is illegal to wrongfully terminate an employee in Virginia but laws protecting employees can only be applied in specific circumstances, and this can be tricky to do without the help of a good lawyer who you can trust.
At-Will to Work State
Virginia, like all other states in the US, and Washington, DC, are at-will employment states. This means that a private sector employer can terminate an employee at any time without any reason or warning unless an employee’s contract explicitly provides Private sector employees have similar rights where they can also quit or resign from their jobs without giving their employer any reason or warning for doing so. In this sense, an employee can be fired or can quit for any reason including things such as personal differences, favoritism, availability to work certain hours, etc.
Even with at-will employment laws in place in all 50 states and in the District of Columbia, most states have come up with policy exceptions to the general rule of an at-will contract or employment. This is typically what a good Virginia wrongful termination lawyer will use to try to prove their clients’ wrongful terminations.
Virginia’s Policy Exceptions to At-Will Employment Laws
While a good employment law lawyer may be able to use different tactics to prove your wrongful termination case, Virginia has three exceptions to the concept of at-will employment as expressed in the following very broad and general terms:
- An employee is not to be fired for exercising a right that has been created by a statute, such as using their worker’s compensation benefits, taking a leave to serve on a jury or in the military, or refusing to work in unsafe conditions until remedies have been made to make them safe, etc.
- An employee is not to be fired for refusing to commit a crime or for reporting that an employer and/or other employees are participating in illegal acts that may constitute a crime.
- An employee is not to be fired if they can demonstrate that they are a member of the class of persons entitled to protections under an applicable statute.
Virginia Human Rights Act (VHRA)
The Virginia Human Rights Act prohibits employment discrimination on the basis of “race, color, religion, national origin, sex, pregnancy, childbirth, marital status or disability.” It prohibits claims for wrongful termination based upon VHRA guidelines.
Wrongful Termination Statute of Limitations
A statute of limitations is a period of limited time a plaintiff has for bringing certain kinds of legal action. Virginia’s statute of limitations for wrongful termination states that a plaintiff has two years to file their claim. An employee who is filing a civil wrongful termination claim may be able to simultaneously file a federal claim if no other state remedy has been made.
People who have successfully fought and won wrongful termination claims highly recommend doing this with the help of a good lawyer.
For a highly rated Virginia wrongful termination lawyer, contact the compassionate and discreet team at Cohen & Cohen for a free case evaluation any time of the day or night, any day of the year.
The Right Kind of Evidence
In order to successfully win a wrongful termination case, you will need to prove that you were unjustly let go from your job. And often it can be challenging to make your case. You have to collect the right evidence to demonstrate that you unjustly lost your job. Even in a situation where there is proof, finding a skilled lawyer can be the key to success. If you are looking for an experienced wrongful termination lawyer in Virginia, you should speak with Cohen & Cohen P.C. Call our office today to set up a free consultation. We will discuss your case to help you determine whether it is worth pursuing. The following questions can help determine whether you have a case:
What were the details of your termination?
Oftentimes, termination starts way before the paperwork goes through. What events led up to you being let go? What were the reasons given? Who was involved in the process such as supervisors, HR, or higher up employers? Are there any witnesses that might be able to corroborate your claims?
Are you an “at-will” employee?
Virginia is an at-will state, meaning your employer can decide to terminate you at any time, but that doesn’t always mean you are an at-will employee. If you were part of a union, worked for a government agency, or had a contract with your former employer, then you are not an at-will employee, and your rights are different. The contract can be simpler to prove if it is written, but if it was an oral or implied contract then you will need to gather more evidence to verify that it existed. A wrongful termination lawyer in Virginia from a firm like Cohen & Cohen will know whether you were an at-will employee.
If you believe you have been wrongfully terminated from your Virginia job, a wrongful termination lawyer Virginia employees recommends may be able to help. It is illegal to wrongfully terminate an employee in Virginia but laws protecting employees can only be applied in specific circumstances, and this can be tricky to do without the help of a good lawyer who you can trust.
At-Will to Work State
Virginia, like all other states in the US, and Washington, DC, are at-will employment states. This means that a private sector employer can terminate an employee at any time without any reason or warning unless an employee’s contract explicitly provides Private sector employees have similar rights where they can also quit or resign from their jobs without giving their employer any reason or warning for doing so. In this sense, an employee can be fired or can quit for any reason including things such as personal differences, favoritism, availability to work certain hours, etc.
Even with at-will employment laws in place in all 50 states and in the District of Columbia, most states have come up with policy exceptions to the general rule of an at-will contract or employment. This is typically what a good Virginia wrongful termination lawyer will use to try to prove their clients’ wrongful terminations.
Virginia’s Policy Exceptions to At-Will Employment Laws
While a good employment law lawyer may be able to use different tactics to prove your wrongful termination case, Virginia has three exceptions to the concept of at-will employment as expressed in the following very broad and general terms:
- An employee is not to be fired for exercising a right that has been created by a statute, such as using their worker’s compensation benefits, taking a leave to serve on a jury or in the military, or refusing to work in unsafe conditions until remedies have been made to make them safe, etc.
- An employee is not to be fired for refusing to commit a crime or for reporting that an employer and/or other employees are participating in illegal acts that may constitute a crime.
- An employee is not to be fired if they can demonstrate that they are a member of the class of persons entitled to protections under an applicable statute.
Virginia Human Rights Act (VHRA)
The Virginia Human Rights Act prohibits employment discrimination on the basis of “race, color, religion, national origin, sex, pregnancy, childbirth, marital status or disability.” It prohibits claims for wrongful termination based upon VHRA guidelines.
Wrongful Termination Statute of Limitations
A statute of limitations is a period of limited time a plaintiff has for bringing certain kinds of legal action. Virginia’s statute of limitations for wrongful termination states that a plaintiff has two years to file their claim. An employee who is filing a civil wrongful termination claim may be able to simultaneously file a federal claim if no other state remedy has been made.
People who have successfully fought and won wrongful termination claims highly recommend doing this with the help of a good lawyer.
For a highly rated Virginia wrongful termination lawyer, contact the compassionate and discreet team at Cohen & Cohen for a free case evaluation any time of the day or night, any day of the year.
The Right Kind of Evidence
In order to successfully win a wrongful termination case, you will need to prove that you were unjustly let go from your job. And often it can be challenging to make your case. You have to collect the right evidence to demonstrate that you unjustly lost your job. Even in a situation where there is proof, finding a skilled lawyer can be the key to success. If you are looking for an experienced wrongful termination lawyer in Virginia, you should speak with Cohen & Cohen P.C. Call our office today to set up a free consultation. We will discuss your case to help you determine whether it is worth pursuing. The following questions can help determine whether you have a case:
What were the details of your termination?
Oftentimes, termination starts way before the paperwork goes through. What events led up to you being let go? What were the reasons given? Who was involved in the process such as supervisors, HR, or higher up employers? Are there any witnesses that might be able to corroborate your claims?
Are you an “at-will” employee?
Virginia is an at-will state, meaning your employer can decide to terminate you at any time, but that doesn’t always mean you are an at-will employee. If you were part of a union, worked for a government agency, or had a contract with your former employer, then you are not an at-will employee, and your rights are different. The contract can be simpler to prove if it is written, but if it was an oral or implied contract then you will need to gather more evidence to verify that it existed. A wrongful termination lawyer in Virginia from a firm like Cohen & Cohen will know ether you were an at-will employee.
Did your former employer break any laws?
Even as an at-will employee, you are still protected against discrimination and retaliation. If you believe that you were fired for any of the following reasons, you may be entitled to compensation.
- Racial or Ethnic Discrimination: Your employer cannot discriminate against you because of the color of your skin or your national heritage.
- Gender Discrimination: If you believe you were terminated because of your gender, there may be additional evidence of discrimination such as being passed over for promotions, systematically given less desirable work, etc. that can help support your case.
- Pregnancy Discrimination: Unfortunately it is all too common for women to loss theri jobs when their employer learns they are pregnant. Your employer is not allowed to create a hostile work environment or fire you because you are pregnant.
- Whistleblowing: Reporting your employer for unsafe working conditions, unethical practices, etc. is illegal. To encourage people to come forward when they see something wrong, laws are in place to protect you.
- Workers Compensation: If you are injured on the job, you can and should file a workers compensation claim, but not every employer takes care of their workers. Terminating an employee to avoid paying the medical expenses associated with their accident is illegal.
The window to file wrongful termination isn’t open that long so you should take action as soon as possible. For a wrongful termination lawyer in Virginia that you can trust, call Cohen & Cohen P.C. and learn how we can support you.
Common Misconceptions About Wrongful Termination
Getting terminated from your job can definitely be an awful experience and make you feel bad about yourself. While some terminations are illegal, many are not. It is important to know the facts behind wrongful termination. Here are some common misconceptions about wrongful termination that you shouldn’t believe.
- If a termination is unfair, it’s illegal. This is one of the most common myths about wrongful termination. Just because you don’t think that your employer fired you for a good reason, does not mean it is unlawful. In Virginia, termination is only considered illegal if it is due to discrimination, exercising employee rights and refusing to perform an illegal action. If your boss fired you because you were not catching on quickly enough, it’s not unlawful.
- If you quit your job, you can’t file a lawsuit. Many workers assume that they can only file a lawsuit against their employer if they were fired. However, if you were forced to quit because the work environment became hostile or dangerous, you may still be able to sue. It is important to discuss your case with a wrongful termination lawyer in Virginia promptly.
- Anti-discrimination laws are just for minorities and women. It is a common misconception that anti-discrimination laws were created only for minorities and women. The truth is that these laws are intended to protect all employees. Workers who are facing termination because of their age, religion, nationality and medical history may also file legal claims.
- You can’t file a lawsuit if you are not an independent contractor. Even if you’re not considered a full-time employee, you still have rights. If you are an independent contractor who has been illegally terminated, whether due to your age or ethnic background, you may still sue for wrongful termination.
- It is impossible to prove that you were terminated for whistleblowing. It is absolutely within you right as an employee to report dangerous or illegal practices that your employer is partaking in. If your employer has recently fired you in retaliation for whistleblowing, it’s critical to speak to an experienced lawyer. He or she can help you provide evidence of the retaliation.
- Your employer will settle quickly. Some workers believe that their employer will settle a wrongful termination lawsuit quickly to protect their reputation. However, if there is not sufficient evidence, your employer will likely not settle easily.
Why do you need Cohen & Cohen as your wrongful termination lawyer?
Cohen & Cohen is the best wrongful termination lawyer in New York. We know how to win cases and we’re ready to fight for your rights. If you were fired unfairly, we can help you get justice. Our team of lawyers has decades of experience fighting for employees who have been wrongfully terminated from their jobs. We know what it takes to win these cases and will do everything possible to ensure that our clients are treated fairly by their employers.
You don’t need another day at work where your employer makes life difficult or even impossible for you because they want rid of you – whether it’s because they think there are too many people on staff or because they just don’t like the way you look every morning when you walk into the office building. Let us handle this situation so that things go smoothly and quickly without any unnecessary stress or worry on your part!
Cohen & Cohen is a law firm dedicated entirely to helping employees who have been wrongfully terminated from their jobs get justice in court. Our lawyers take pride in winning cases against companies like yours every single day, and we know how much it hurts when employers treat people unfairly. That’s why our first priority is going above and beyond for our clients, even if it means working late into the night or coming back.
Call us today!
Signs That You May Have Been Wrongfully Terminated
Employees get terminated every day in Virginia. Getting fired from a job is always an upsetting ordeal, but it can be even worse if you were wrongfully terminated. It is important to understand if you have been wrongly let go or not. Here are a few signs that you may have been wrongfully terminated from your job.
- You were discriminated against. The law prohibits employers from discriminating against workers based on their religion, race, ethnicity, age, disability or sexual orientation. If you have reason to believe that your employer fired you over any of these reasons, you may want to speak to a wrongful termination lawyer in Virginia promptly.
- You were terminated after filing a complaint. Generally, your employer can’t terminate you after you file a complaint. For instance, if you filed a complaint about your concerns regarding a safety issue in the workplace, you can’t be fired. Likewise, your employer can’t fire you if you filed a complaint against a coworker for making sexual advances. If your employer terminated you after you filed a complaint, you may want to discuss the situation with a wrongful termination lawyer.
- Your employer violated public policy. Employers are not allowed to fire workers for performing civic duties, like voting and serving on a jury. In addition, you can’t be fired for taking medical leave or refusing to do something illegal. Unfortunately, however, some employers may still try to terminate an employee for doing these things. In this situation, it is important to have an experienced wrongful termination lawyer on your side. He or she can establish to the court that your actions were justified while your employer’s actions were not.
- Your employer didn’t follow company policies. The majority of businesses nowadays have written policies that explain how employees are properly terminated, such as written warnings and performance improvement plans. If your employer failed to follow these policies, you may have a wrongful termination case on your own. However, this can be difficult to prove because Virginia is an at-will state. That is why it is critical to work with a skilled wrongful termination lawyer. He or she will assess your company’s policies and determine if you have a good chance of winning a lawsuit against your employer or not.
If you believe discrimination based on gender, race, age, or sexual orientation – you may have been wrongfully terminated. Our team has the resources and expertise to help you if you believe your recent dismissal from work was unjust. A Virginia wrongful termination lawyer from Cohen & Cohen is readily available to discuss the details of your termination and help you determine if a lawsuit is feasible. Contact us today to request a free case evaluation
Wrongful Termination FAQs
The options for legal recourse for those who suspect they were wrongfully terminated varies widely based on locality and the suspected reasons for termination. The following frequently asked questions are intended to serve as a starting point for your personal process of discovery following a suspected instance of wrongful termination.
What is At-will employment?
In most states in the US, there is a general rule used to describe employment called “at-will”, meaning if you are or were currently employed, you were likely employed at-will. At-will employment means that an employer can discharge, terminate, or dismiss someone at any time, without any reason given. Likewise, employees can choose to leave or quit at any time without any prior notice to their employer.
What are some implications that there was a breach of contract following dismissal from work?
Typically employers do not outwardly define the amount of time an employee is to be continually employed, although in some cases an employer will make statements in written contracts that imply that employment is not at-will. Stating for example, discharge only for good-cause or reason such as violation of company policy. As a wrongful termination lawyer can explain, under these circumstances it may be determined that the termination was not wrongful – still there is potential to bring forth a breach-of-contract claim.
Was I terminated wrongfully?
Under the general rule of at-will employment in the US, there are major exceptions to the rule. A wrongful termination lawyer will be able to help determine if your case of termination intersects with any of the exceptions, in which case you may elect to begin a wrongful termination lawsuit against your former employer.
- An employee is let go from a job for illegal reasons, such as discrimination on the basis of a protected category.
- An employee is let go in violation of public policy.
- An employee is let go in violation of company policy.
Additionally, other reasons exist which deem a wrongful termination lawsuit appropriate, including being discharged for the following:
- Whistleblowing – Making internal or external parties aware of activities that are undesirable, concerning, or illegal
- Refusing to commit an illegal act – forgery of documents in an effort to deceive internal or external entities.
- Refusing to commit an illegal act – refusing to alter accounting books in a way that wrongfully portrays figures after being directed to by your manager.
- your director or manager instructs you to
If you believe discrimination based on gender, race, age, or sexual orientation was a factor in the dismissal – you may have been wrongfully terminated. Also, it is against public policy for an employer to retaliate via terminating you for filing a discrimination claim after a suspected instance of discrimination.
Contacting a wrongful termination lawyer after you suspect your recent dismissal was not in accordance with the law can bring you a sense of direction and peace of mind. An experienced lawyer such as one from Cohen & Cohen will be able to work with you to determine if you have a viable case and then develop a strategy for filing a lawsuit against your former employer.
