Involuntary Terminations: Virginia
Federal law and guidance on this subject should be reviewed together with this section.
Author: Michael E. Barnsback, LeClairRyan PC
- Virginia courts may interpret an employer's promise of just cause prior to terminating a contract as proof of a fixed contract for the duration of the time set forth in the contract. See Just Cause in Virginia.
- Virginia employers with 100 or more full-time employees must comply with the federal WARN Act. When the WARN Act applies, they must send written notices to the individuals marked for layoff, their union representatives, if any, the chief elected official of the applicable local government and the Virginia State Dislocated Worker Unit. See Complying With the WARN Act in Virginia.
- Employees over 40 years of age are protected from age discrimination in Virginia, both by federal and state law. Further, any releases of claims obtained from employees in this category must comply with the federal OWBPA. However, Virginia employees who are offered, but do not sign, waivers have no standing to sue their employers. See Terminating Older Workers.
- Virginia employees who complain regarding unlawful practices in the workplace by making internal complaints are still protected by anti-retaliation provisions. See Retaliation.
- Virginia courts increasingly recognize "constructive discharge" claims as viable catalysts for wrongful termination litigation. See Constructive Discharge.