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Wrongful Termination in Virginia: Your Rights

Understanding wrongful termination protections in Virginia. This guide covers at-will exceptions, protected classes, whistleblower protections, and how to file a claim.

Data last updated: Jan 15, 2025

Key Takeaways

  • At-will employment: Yes.
  • Public policy exception: Recognized.
  • Implied contract exception: Not recognized.
  • Filing deadline: 1 year for OAG/DCJS complaints; 300 days for EEOC (dual filing).
At-Will Employment doctrine
Yes Public policy exception
No Implied contract exception
No Good faith exception

At-Will Employment in Virginia

Virginia is an at-will employment state. Employers can terminate employees for any lawful reason or no reason at all.

Recognized Exceptions

  • Public policy (narrow)
  • Statutory protections (VHRA)

Protected Classes

In addition to federal protections, Virginia prohibits employment discrimination based on:

  • Race
  • Color
  • Religion
  • Sex
  • Sexual orientation
  • Gender identity
  • National origin
  • Age
  • Disability
  • Marital status
  • Pregnancy
  • Veteran status

Whistleblower Protections

Virginia Fraud Against Taxpayers Act provides whistleblower protections. Additional protections for public employees.

Filing a Claim

  • Filing deadline1 year for OAG/DCJS complaints; 300 days for EEOC (dual filing)
  • State agencyVirginia Office of Civil Rights (within DHRM) / Office of the Attorney General

Back pay, compensatory and punitive damages, and attorney fees. The 2020 VHRA expansion added significant new remedies.

Virginia Office of Civil Rights (within DHRM) / Office of the Attorney General website

Related Resources

Frequently Asked Questions

  • How did the 2020 Virginia Values Act change employment law?

    The Virginia Values Act (effective 2020) significantly expanded protections by adding sexual orientation and gender identity, lowering the employer threshold to 5 employees, and creating a private right of action.

  • Does Virginia protect sexual orientation and gender identity?

    Yes, since 2020 under the Virginia Values Act.

  • What is the filing deadline in Virginia?

    You have 1 year to file a complaint under the new VHRA framework, or 300 days with the EEOC.

  • Does Virginia recognize implied contract exceptions?

    No. Virginia maintains a strong at-will employment doctrine and does not recognize implied contract exceptions.

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