What is wrongful termination?
Wrongful termination is the termination of an employee without just cause. Wrongful termination is illegal in the state of Virginia. Wrongful termination actions can be pursued if an employee is terminated without legal cause. However, in all states (including Virginia), private-sector employees are considered “at-will” employees. “At-will” employees can be fired at any time, for any reason, or no reason at all, making wrongful termination seem like an impossible case.
Fortunately, there are exceptions to the “at-will” sector, and our lawyers are here to help in wrongful termination cases.
Exceptions to the “at-will” sector:
Discriminatory reasons. It is illegal for employers to fire employees based on race, color, sex, origin, marital status, religion, age, pregnancy, or genetic information. If an employee feels his employer has committed wrongful termination due to discrimination, the employer may be sued for wrongful termination.
Violation of employment contract. Contracts are legally binding documents that cannot be broken. If an employee has signed a contract promising job security the employee is no longer considered “at-will”, and the employer must adhere to all contract guidelines. If the employer chooses to fire an employee without good cause, this is a breach of contract and considered wrongful termination.
Exercising employee rights. Employees are entitled to take sick, personal, or family leave. If the employer refuses to let the employee take this leave or does not allow the employee to come back to work after taking leave, this is wrongful termination.
Refusing to perform an illegal action. An employee can not be asked to commit anything illegal. If an employee is fired for not committing illegal action upon request, they have been wrongfully terminated.
When is a lawsuit appropriate for wrongful termination?
In all the above cases, wrongful termination can end in a civil lawsuit filed against the employer. If an employee has feelings of wrongful termination, the first step is to contact a Virginia employment lawyer immediately. With the help of a lawyer, an employee can file a lawsuit, get their job back, and assert legal rights.
When facing wrongful termination in the state of Virginia it is important to seek legal counsel.
If you feel you have been wrongfully terminated, FIDE Law is accepting new clients. Please call or contact our office so one of our representatives can help you with your case.
I was forced to leave work because I was unable to wear a mask when the mask mandate was put in place, and now my employer says that since I have been out of work for 1 year they are going to terminate my employment.
I believe I was wrongfully terminated if someone could contact me to see if I got a case I’d appreciate it
I worked for Maximus. and I was told to correct my hours 8.0hours to 7.8 when I was working 9 am to 530 the manager said adjust my hours later that evening I was made aware of a termination by the employer I was treated unfairly the next day I was told I have did as I was told accepted the 7.8 and I may have still have I job
As I am reading I was under a contact who did a breach is my question under Virginia law
Can an employee be fired for a negative review someone else left I knew?
I need a lawyer consult regarding ongoing intimidation, aggressions and assaults in the workplace. Retribution for advising HR.
I was recently terminated for having a conversation that included a comment that an individual considered inappropriate. I considered this a simple misunderstanding but was terminated in less than 24 hours.
My husband was fired from hid job In August because I brought home covid from working in the ED and then he contracted it. They called it job abandonment. Can we sue?