Reasons for Needing a Wrongful Termination Lawyer in Virginia
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 hasbeen 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.