Top Ten Wrongful Termination Situations in Virginia

A sudden and unexpected job loss is a tough pill to swallow, both financially and emotionally. Financially, most people live from paycheck to paycheck. So, even a short-term income disruption often has devastating consequences. Additionally, the unemployment prejudice is a real thing. Many companies won’t even talk to unemployed applicants. Emotionally, for most people, a job is an identity.

Even though Virginia, like most other jurisdictions, is an at-will employment state (employers can fire employees at any time for good reason, bad reason, or no reason at all), employees still have rights in these situations. Only a Leesburg employment law attorney quickly recognizes these situations, because employers carefully hide them, and accurately determines your legal options.

Discrimination-Based Termination

One of the most common wrongful termination situations involves discrimination. Employers cannot fire employees based on protected characteristics such as race, gender, age, religion, national origin, disability, or sexual orientation.

Laws like the Civil Rights Act and the Age Discrimination in Employment Act strictly prohibit such actions. Virginia laws, which in many ways are even broader than their federal counterparts, may apply as well.

Retaliation for Reporting Misconduct

Likewise, state and federal whistleblower laws protect employees who report illegal activities, harassment, or unsafe working conditions.

If an employer fires someone for speaking up, that firing may qualify as wrongful termination. Retaliation can also occur after filing a complaint with HR or a government agency. A Leesburg employment law attorney may also build a claim if a worker encourages another worker to engage in protected conduct.

Violation of Public Policy

Employers cannot terminate workers for reasons that violate public policy, such as firing someone for taking time off to vote, serving on a jury, or refusing to engage in illegal activities.

Family and Medical Leave Violations

Under the Family and Medical Leave Act, eligible employees are entitled to take unpaid leave for certain medical or family reasons. Terminating an employee for taking or requesting FMLA leave is a clear example of wrongful termination.

Pregnancy-Related Termination

Firing an employee due to pregnancy, childbirth, or related medical conditions is illegal under federal law. Instead, the opposite is true. Employers must provide reasonable accommodations for pregnant individuals.

Constructive Discharge

Sometimes, employers make working conditions intolerable for employees who engage in protected activities or are members of a protected class, forcing them to resign. If an employer creates a hostile or abusive environment that compels resignation, that may count as wrongful termination.

Wage and Hour Retaliation

Employees who report wage violations, such as unpaid overtime or minimum wage issues, are protected by law. Additionally, terminating someone for asserting their rights under wage and hour laws can lead to legal consequences for the employer.

Taking Protected Leave or Time Off

In addition to FMLA, employees may be protected under state laws for taking time off for reasons such as military service, sick leave, or domestic violence situations. Firing someone for exercising these rights may be unlawful.

Reporting Workplace Safety Violations

Employees have the right to report unsafe working conditions to agencies like OSHA. If an employer terminates an employee for raising safety concerns, the aforementioned whistleblower protection laws may apply.

Breach of Employment Contract

If an employee has a written or implied contract that outlines specific terms for termination, firing them in violation of those terms can be unlawful. For example, terminating an employee without following agreed disciplinary procedures may constitute a breach.

This contract could be written or oral. Non-written contracts are enforceable in Virginia. They’re just harder cases to prove.

Count on a Thorough Loudoun County Lawyer

Wrongful termination takes many forms in Virginia. For a confidential consultation with an experienced employment law attorney in Leesburg, contact Simms Showers, LLP, Attorneys at Law. The sooner you reach out to us, the sooner we start working for you.

Source:

dol.gov/agencies/whd/fmla