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Virginia Wrongful Termination Laws
While there are numerous federal wrongful termination and discrimination laws protecting employees from civil rights abuses in the workplace, violations of those laws still occur, trampling employee rights. In fact, there are not only federal laws, such as the Federal Labor Standards Act of 1938 and the Civil Rights Act of 1964, most states have supplemental labor laws providing more protections for employees as well as legal measures enabling them to respond to employer violations. As an “at will” employment state, employees and employers generally have the right to terminate employment for any reason; however, that right is limited by the vital protections to employee civil rights provided by wrongful termination and discrimination laws.
Virginia’s Specific Labor Laws
Virginia has enacted a wide range of supplemental labor laws to provide further protections for its citizens in the workplace:
|
Benefit |
State Law |
Additional Benefits |
|
Right to Work |
Yes |
|
|
State Minimum Wage |
Same as FLSA rate; applies to employers with 4 or more employees |
Maximum tip credit, equal to tips actually received; minimum cash wage for tipped employee, equal to minimum wage less tips actually received |
|
State Military Leave |
Yes |
Employees called to active duty in the Virginia National Guard, Virginia State Defense Force, or naval militia, are eligible for unpaid leave; employers may not require employees to take vacation or other leave (except by choice); guaranteed reinstatement to same or comparable position, benefits, vacation, or seniority, unless employer’s circumstance have changed and make that unreasonable; employee must request reinstatement in writing within 5 days of release; discrimination against members of the state military service is prohibited |
|
Jury Duty |
Yes |
Unpaid leave; employees cannot be required to use annual, sick, or vacation leave; employees who have served 4 hours or more in 1 day cannot be made to start shift after 5 p.m. or before 3 a.m. the next morning; discrimination or termination for serving are prohibited; employees summoned or subpoenaed to appear in court have the same protections, except criminal defendants |
|
Voting |
No |
|
|
Garnishment |
Yes |
Employer fee, $10 for each general garnishment and $5 for each child support payment; employee who agrees to have earnings withheld to settle a debt may not be terminated as a result |
|
State Family & Medical Leave |
No |
|
|
Arrest & Conviction Records |
Yes |
Employers not permitted to require applicants to reveal information about criminal charges that have been expunged; applicants not required to reveal information about such records |
|
Discrimination |
Yes |
For all employees; for age; national origin; disability (physical or mental); gender; marital status; pregnancy/ childbirth; race; religion; genetic testing; use of a service animal |
|
Whistleblower |
Yes |
For private employees; particularly asbestos and lead workers, and contractors; employer cannot terminate, discriminate, or retaliate against employee for reporting violations; |
|
Plant Closings |
No |
|
*These laws change often, so consult local statutes for the most up-to-date information.
Virginia Discrimination Laws
State laws provide guidelines which Virginia employees can use to file claims or civil suits if their rights are violated in the workplace:
- Employees have the option under Virginia state laws to pursue discrimination claims through EEOC or other state agencies, or through filing a civil suit, often with the help of an employee rights attorney.
- If an employee’s claim or suit is successful, they have the right to recover attorney’s fees from the defendant.
- State statute of limitations laws require that discrimination or wrongful termination claims or civil suits be filed within 180 days of the original violation.
Filing a Claim for Wrongful Termination
Employees who have had their rights violated through wrongful termination or discrimination have the option to file a claim for remedies under Virginia statutes. There are state offices of the EEOC to help, as well as the state Council on Human Rights. Victims may also retain an employee rights attorney to help them file a civil suit to obtain the remedies provided in state laws.
Legal Remedies for Wrongful Termination
There are significant remedies available to victims of wrongful termination and discrimination in Virginia, including any or all of the following:
- Injunctive relief in the workplace
- Compensation for stress and suffering
- Reinstatement of benefits and position
- Punitive damages
- Lost wages
- Attorney’s fees and court costs
Employers who violate discrimination and wrongful termination laws may have specific penalties imposed upon them according to Virginia laws, as well:
- Jury duty – Class 3 misdemeanor, with fines of up to $500.
- Garnishment – penalties relating to child support withholding, for termination or discrimination, fines of up to $1,000
The federal and state wrongful termination laws that exist today have many elements to protect employees and help them respond to violations by employers. However, it is important to have an advocate who understands those laws and is able to determine the proper elements to employ in claims and civil suits on behalf of victims. An employee rights lawyer can provide that representation and expertise in a challenging legal action, possibly making the difference between success and failure.
Local Resources
EEOC Regional Branches
Norfolk Local Office
200 Granby Street, Suite 739
Norfolk, VA 23510
757-441-3470 or 800-669-4000
TTY: 757-441-3578 or 800-669-6820
FAX: 757-441-6720
Richmond Local Office
830 E. Main Street, 6th Floor
Richmond, VA 23219
804-771-2200 or 800-669-4000
TTY: 804-771-2227 or 800-669-6820
FAX: 804-771-2222
Council on Human Rights
Richmond, VA
804-225-2292
http://chr.vipnet.org