Virginia Personnel Change Notice
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FAQ
As a general proposition, a Virginia employer is not legally obligated to provide the employee with written notice of a termination decision. Some employers, however, prefer to do so. In addition, sometimes the employee will not be returning to the employer's premisesin such a case, a termination letter is necessary.
Put Documentation in Employee File: All documentation, including receipts for returned items and termination letters, need to go into that employee's file. You can include documentation for discipline, warnings, and performance reviews that help show why you're firing that employee.
In most cases, yes. Federal employment lawsmost notably the Fair Labor Standards Act (FLSA)allow for a number of employer changes, including changing the employee's schedule.
Yes, in some cases. Generally, unless an employment contract or a collective bargaining agreement states otherwise, an employer may change an employee's job duties, schedule or work location without the employee's consent.
If your contract is clear and says that your employer can make the specific change that they want to make e.g. to vary or reduce your hours, then your employer may be able to make the change without your agreement. Although you may still have rights to protest the change.
Federally, and in most states, a termination letter is not legally required. In some states, currently including Arizona, California, Illinois and New Jersey, written termination notices are required by law. Some of these states have specific templates employers must use for the letter.
Employers must provide employees with prompt notice of any schedule changes. Schedule changes can occur in a smaller than 14-day window. Most scheduling laws require at least a 24-hour notice, however.
An employer should give an employee who works an irregular shift pattern reasonable notice of their hours. Normally this would be included in the contract of employment and the standard notice period is around 7 days.
In 2016, the Virginia Supreme Court held that employers and employees need not provide advance notice before terminating an at will employment relationship.
In jurisdictions like Virginia that follow the legal doctrine of at-will employment, there are few restrictions on termination. Under this doctrine, an employer can terminate at any time, for any reason, with or without a cause. Similarly, an employee may resign at any time, for any reason, and with or without cause.
