Wrongful Termination in Virginia
What Is Wrongful Termination?
Employers in Virginia have wide discretion in hiring and firing, but certain dismissals cross into unlawful territory. Termination is considered wrongful if it violates state law, federal law, or the terms of an employment contract.
Being fired under these circumstances can feel overwhelming, but an experienced Virginia wrongful termination lawyer can explain your rights and help protect them.
Federal law prohibits termination based on protected categories such as race, sex, religion, or national origin. In addition, the Virginia Supreme Court expanded protections in 2013 by ruling that employers also cannot dismiss workers in violation of the state’s public policy.
Types of Wrongful Termination
Wrongful termination can occur in multiple ways. Sometimes, an employer knowingly disregards the law. Other times, they may be unaware of state or federal requirements. Either way, the result is the same: an employee loses their livelihood unfairly. Below are common categories of wrongful termination in Virginia.
Limitations of At-Will Employment
Virginia is an at-will employment state. This means employers can terminate a worker at any time and for almost any reason—unless the reason is illegal. Discriminatory firings, retaliation for protected activities, or dismissals that violate a written contract or collective bargaining agreement all fall outside the at-will framework.
Employers also cannot retaliate against employees for reporting illegal activities, unsafe conditions, or other workplace violations. If your termination occurred under such circumstances, you may have grounds for a wrongful termination claim.
Discrimination
One of the most common grounds for wrongful termination claims is discrimination. Employers are barred from firing workers because of race, religion, sex, national origin, pregnancy, disability, age, or other protected categories. In some cases, protections also extend to sexual orientation and gender identity.
If you believe your dismissal in Virginia was discriminatory, you may file a claim with the U.S. Equal Employment Opportunity Commission. A knowledgeable Virginia employment attorney can guide you through the process, ensure the complaint is properly filed, and strengthen your case.
Retaliation
Employers are also prohibited from firing workers for exercising their legal rights. Protected activities include:
- Taking medical leave
- Participating in investigations of wage or workplace violations
- Reporting discrimination or harassment
- Filing a claim with the EEOC or other agencies
Virginia law further supports employees under the Fraud and Abuse Whistleblower Protection Act. This statute shields workers from retaliation if they report illegal conduct or misuse of public resources. Private employees may also seek protection through federal law.
What To Do If You’ve Been Wrongfully Terminated in Virginia
If you have lost your job under unlawful circumstances, you may be entitled to reinstatement, back pay, damages, or other relief. Because wrongful termination laws vary depending on the situation, consulting a Virginia wrongful termination lawyer is the most effective way to understand your rights and build a case.
Time is critical. In Virginia, most employees must file a claim within 180 days of the unlawful action. Missing this deadline may permanently bar you from seeking legal relief. Acting quickly preserves evidence and strengthens your case.
Step One: Gather Evidence
Collect all relevant documents, including termination letters, performance reviews, and email correspondence. If you anticipate being dismissed, start keeping detailed records early. Always respect confidentiality agreements while gathering information.
Step Two: Find an Attorney
Virginia employment law is complex and continues to evolve. Retaining an attorney ensures your claim is properly filed, deadlines are met, and your legal strategy is strong.
Step Three: File a Complaint
If you are unsure whether to move forward, the EEOC provides a self-assessment tool online. Once you decide to file, your attorney can help draft the complaint and serve notice to your employer. Not every case proceeds to court—many are resolved through mediation or settlement.
The Virginia Employment Commission encourages workers who believe they were wrongfully terminated to file with their local EEOC office, either in person, by mail, or online.
Why You Should Hire a Wrongful Termination Lawyer in Virginia
Pursuing a wrongful termination claim can be stressful, especially after an unexpected job loss. A lawyer can explain your rights, develop a strategy tailored to your case, and advocate on your behalf. Having someone listen and fight for you can ease the emotional weight of the experience.
Are you ready to protect your rights and pursue justice after wrongful termination? We can even connect you with attorneys across state lines if necessary.
Submit a request online or call us today at (866) 345-6784 to get connected with an experienced Virginia wrongful termination lawyer.
About the Author
Aaron is a professional legal writer with a B.S. in English Education from Southern Illinois University – Carbondale. He has written, published, and edited thousands of legal articles for RequestLegalHelp, which has connected over 5 million people to legal help in the United States.
With over five years of experience writing thousands of legal articles for law firms across the U.S. and Canada, Aaron specializes in covering federal, state, and city-level legal issues ranging from auto accidents to wrongful terminations.
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