This is a multi-state form covering the subject matter of the title.
Wrongful Termination Court With At Will Employment In Virginia
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Multi-State
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US-000291
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FAQ
Yes, Virginia follows the doctrine of “at-will” employment, meaning that employers can terminate employees at any time and for any reason, as long as it is not prohibited by law or public policy.
Were you asked to do something illegal at work, or something you believe to be contrary to public policy in Virginia? If your refusal to take part in illegal activity results in your termination, you may have a claim of wrongful termination against your employer.
Virginia Human Rights Act (VHRA) Other examples of this kind of wrongful termination could include asking for maternity leave, an extension on maternity leave, having to take vacation days for a reason other than vacation days, or taking sick leave, even if the sickness or illness was incredibly serious.
While multimillion awards are possible, it is crucial to keep in mind that federal laws limit the amount of punitive and compensatory damages awarded in cases involving wrongful termination. They cannot exceed $50,000 – $300,000, depending on the number of employees working for the employer's business.
Key grounds for summary dismissal: ReasonExample Theft Stealing company property Gross insubordination Ignoring direct orders repeatedly Violence Fighting or assaulting coworkers Alcohol/drug abuse at work or affecting performance
Common Grounds for Wrongful Termination Claims Breach of employment contract or company policy. Taking legally protected time off. Refusal to perform illegal acts. Violations of public policy.
If your termination violates state or federal employment laws, it may be deemed wrongful. Common reasons for wrongful termination include discrimination based on race, gender, age, disability, religion, national origin, or sexual orientation.
Key Elements of Wrongful Discharge: Employment Relationship: - The individual must have been an employee, not an independent contractor. Termination: - The employer must have ended the employment relationship. Unlawful Reason: - The termination must violate a specific law, contract term, or public policy. Damages:
While multimillion awards are possible, it is crucial to keep in mind that federal laws limit the amount of punitive and compensatory damages awarded in cases involving wrongful termination. They cannot exceed $50,000 – $300,000, depending on the number of employees working for the employer's business.