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Virginia Wrongful Termination Laws

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    Whistleblower Protection

    • Virginia law offers whistleblower protection to employees who report any safety and/or health violation in the workplace. The law prohibits your employer from terminating or discriminating against you for reporting the violation to any state authority, or for testifying about it in a court of law.

      Nonetheless, this protection only applies to private employees in the state. If you are protected under this provision and your employer has terminated your employment, you must file a complaint with the Commissioner within 60 days after the suspected violation for back pay and reinstatement. The law authorizes you to file a claim in a circuit court for relief if the Commissioner refuses to provide you with remedy.

    Jury Duty

    • If you are called to serve jury duty, your employer may not terminate your employment. In fact, Virginia law requires your employer to provide you with unpaid leave. Your employer may not require you to use your sick, annual, or vacation leave to complete jury duty.

      Similarly, if you have served four or more hours of jury duty on any given day, the law prohibits your employer from requiring you to start any work shift after 5:00 pm or before 3:00 am the next morning.

      If you are subpoenaed or summoned to appear in a court of law, your employer may not terminate your employment. Your employer must also provide you with unpaid leave. However, these protections do not apply to criminal defendants who are subpoenaed or summoned to appear in a court of law.

    Garnishment

    • If your wages are being garnished, Virginia law imposes the maximum fee your employer may charge you. Your employer may charge you no more than $10 for general garnishment issues and $5 for child support payments.

      If you agree to have your earnings withheld in order to settle a debt, your employer may not fire you because of the garnishment.

    Discrimination

    • Virginia law strictly prohibits discrimination in the workplace. Your employer may not discriminate against you because of your national origin, age, disability (mental or physical), marital status, race, use of a service animal, pregnancy, childbirth, or genetic testing.

      If you believe your employer has violated one of these provisions, you may file a complaint with the Equal Employment Opportunity Commission (EEOC) or any other state law enforcement agency. You also have the option of filing a civil suit in a court of law. However, you must file your wrongful termination claim no later than 180 days from the original date of the incident.

      If you prevail over a wrongful termination claim, the law allows you to recover your attorney fees from your employer in addition to any other damages imposed by the court of law.

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