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The U.S. Virgin Islands are an unincorporated territory of the United States. Many but not all federal laws apply to the U.S. Virgin Islands.
The federal WARN Act is similar to the Virgin Islands statute in that it requires employers to provide advance written notice to those employees who will be subject to a ?mass layoff? sixty days before the layoff occurs. 29 U.S.C. § 2102(a).
Wrongful discharge can arise under three circumstances: violation of a statute (i.e. discrimination), breach of contract, or a tort action involving bad faith or tortuous discharge. Wrongful discharge cases based on statutory violation are limited to those remedies provided for by the statute.
The first example of a ?wrongful discharge? is when an employer fires an employee because of the employee's protected status, such as race, color, sex, religion, national origin, etc. This type of wrongful discharge falls under the federal or local anti-discrimination laws.
An employment contract can also include clauses such as non-disclosure and non-compete agreements, trade secret provisions, and details about termination. As a legally binding document, a party who breaches the agreement may face consequences.
The enforceability of employment contracts is governed by California contract law. An employment contract does not necessarily need to be in writing. Instead, the contract may be found enforceable so long as you and your employer had a ?meeting of the minds? on the terms of your agreement.
The U.S. Virgin Islands ?Wrongful Discharge Act? applies to employers with five or more workers, and only protects non-supervisory employees who have worked for more than six months at their job. Under the law, employees may be terminated for a number of very specific reasons.
Minimum Wage Rate in the U.S. Virgin Islands is $10.50 per hour. Time and a half of the regular hourly rate must be paid for all hours worked over 8 hours each day and for over 40 hours in any work week including any hours worked on the 6th and 7th consecutive day of work.