Virginia Termination Letter (Excessive Absenteeism)
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How to fill out Termination Letter (Excessive Absenteeism)?
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FAQ
Virginia is an "employment-at-will" state. This means that an employer may generally terminate an employee at any time, for any reason or no reason at all, unless an agreement exists that provides otherwise.
To prove a case of wrongful termination, the fired worker generally has to show that the employer's stated reason for the discharge was false, and that the termination was for an illegal reason. That illegal reason is generally unlawful retaliation, discrimination, a breach of contract, or a violation of public policy.
Yes, you can sue your employer if they wrongfully fired you. But you need to know if your employer actually broke the law, and you need to determine how strong your case is. All too often, people want to sue for being fired when the company had a legitimate reason to fire them. Not every firing is illegal.
Virginia's new law gives you a private right of action. This means you have the right to sue your employer on your own. You don't have to depend on the Commissioner to act on your behalf.
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.
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.
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.
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.
If your refusal to take part in illegal activity results in your termination, you may have a claim of wrongful termination against your employer. Wrongful termination is illegal in Virginia and the District of Columbia, but it is narrowly defined so as to apply in only limited circumstances.
