Like many other states, Virginia follows the doctrine of “at-will” employment, meaning either the employer or the employee can terminate the employment relationship at any time and for any reason, unless a contract provides otherwise. However, this does not mean employers can terminate employees for discriminatory or retaliatory reasons. Both federal and state laws prohibit employers from firing employees against discrimination and retaliation in the workplace through legislation like Title VII of the Civil Rights Act of 1964 and The Americans with Disabilities Act (ADA).
If you believe your termination violated federal or state law, consult an experienced Fairfax wrongful termination lawyer who can advise you on your rights and legal options. Our team at The Spiggle Law Firm understands how frustrating wrongful termination can be and the negative impact it may have on future employment opportunities. With decades of experience protecting Virginia residents from workplace violations, our lawyers will offer knowledgeable and honest advice on your best legal options.
While Virginia does not have a specific law defining “wrongful termination,” several state and federal laws consider certain types of termination unlawful. For example, if an employer fires an individual for refusing to conduct illegal employment practices, an employee can pursue legal action against the individual and organization.
However, there are a few just causes for termination to be aware of before pursuing legal action, including:
If you are unsure whether your case falls under just or unjust termination, speak with a Fairfax wrongful termination attorney who can provide tailored information regarding your situation. For more information regarding unfair termination, consider the below examples:
A protected characteristic, also known as protected class, is a personal trait safeguarded by federal and state laws that cannot be used as a reason to treat an individual differently from others. It is illegal for employers to terminate employees based on protected characteristics, including race, sex, national origin, marital status, religion, age, pregnancy, and genetic information, among others.
When an employee is asked to commit or participate in an illegal activity, refuses said illegal activity, and is fired for their refusal, they may pursue a wrongful termination claim. These situations are also known as public policy claims and are based on the principle that employees should never be forced to violate public policy or the law throughout their employment.
There are certain benefits and rights employees are entitled to under federal and state laws, including sick leave, overtime pay, and workers’ compensation. If your employer fires you for using your legally safeguarded benefits, you have the right to seek legal action against their behavior.
The wrongful termination process can feel overwhelming and stressful. You may feel unsure whether pursuing legal action against your former employer is the best decision for your situation. Before you dismiss your case, speak with someone about your circumstances and wrongful termination. Contact our wrongful termination attorneys in Fairfax, VA, for legal assistance.
When you’re going up against an employer for wrongful termination, you will need concrete and detailed information and evidence to prove that your employer terminated you unjustly. The process is complex and requires a thorough understanding of state and federal laws discussing discrimination and retaliation. Working with a Fairfax wrongful termination attorney will provide you with an experienced representative who can offer you honest advice about your best possible legal options.
They will examine the specific circumstances surrounding your termination, such as your job performance, employment history, and the reason provided by your employer. Your Fairfax wrongful termination lawyer will explain your legal situation, advise you on the best course of action, and inform you about how to proceed if your case goes to court.
Handling a wrongful termination case without a lawyer is extremely risky and unadvisable. As soon as possible, speak with a Fairfax wrongful termination lawyer and start your investigation. Virginia residents have two years from the date of termination to file a claim. However, the sooner you begin the process, the more time your legal team has to gather information.
Sudden termination from your company may result in challenges with future employment opportunities, mental health issues, and financial hardships. If you feel you have been wrongfully terminated, you have the right to speak with a lawyer about your situation and pursue legal action. The Spiggle Law Firm has decades of experience advocating for the rights of Virginia employees. We take pride in our devotion and responsiveness to clients and offer a “Same Page Guarantee,” meaning you’ll have lawyers who fully understand your interests and needs.
Speak with one of our Fairfax employment lawyers by calling (202) 449-8527 or filling out our contact form today.
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