Quick Answer
Guide to wrongful termination in Virginia. Learn about at-will exceptions, VHRA protections, and how to pursue illegal termination claims.
Quick Answer: Virginia is an at-will employment state but recognizes important exceptions. You cannot be fired for discrimination (VHRA), whistleblowing, refusing to violate law, or exercising statutory rights. The Virginia Human Rights Act covers employers with 5+ employees. File discrimination claims within 300 days.
Virginia provides multiple wrongful termination protections.
Virginia At-Will Employment
Default Rule
At-will means:
- Either party can end employment
- For any reason or no reason
- With or without notice
- UNLESS exception applies
Important Exceptions
Cannot fire for:
- Discrimination (VHRA)
- Whistleblowing
- Refusing illegal acts
- Workers' comp retaliation
- Military service
- Exercising statutory rights
Exceptions to At-Will
VHRA Discrimination
Protected classes:
- Race, color, religion
- Sex, national origin
- Age (40+), disability
- Sexual orientation, gender identity
- Marital status, veteran status
Public Policy Exception
Virginia recognizes:
- Narrow public policy exception
- Refusing to violate law
- Exercising legal rights
Whistleblower Protection
Protected for reporting:
- Violations of law
- Fraud
- Safety violations
- Certain industry-specific reporting
Workers' Compensation
Cannot fire for:
- Filing workers' comp claim
- Testifying in comp case
- Exercising comp rights
Filing Complaints
EEOC (Federal)
For discrimination:
- Phone: 1-800-669-4000
- Richmond: 804-771-2200
- Deadline: 300 days
Virginia DOLI
Office of Civil Rights:
- Phone: 804-225-2292
- State discrimination claims
Private Lawsuit
VHRA allows:
- Direct lawsuit for some claims
- Without exhausting admin remedies
- Consult attorney
Proving Wrongful Termination
Elements
Generally must show:
- Employment relationship
- Termination occurred
- Protected reason for firing
- Damages resulted
Documentation
Gather:
- Performance reviews
- Communications
- Timeline of events
- Evidence of protected activity
Common Scenarios
Scenario 1: Fired After Discrimination Complaint
Situation: Terminated after reporting harassment.
Analysis: Retaliation is illegal. Document timeline and file complaint.
Scenario 2: Refused Illegal Act
Situation: Fired for refusing to falsify records.
Analysis: May be protected under public policy exception.
Scenario 3: LGBTQ Termination
Situation: Fired after disclosing sexual orientation.
Analysis: Explicitly protected under Virginia Values Act.
Scenario 4: Workers' Comp Retaliation
Situation: Let go after filing workers' comp claim.
Analysis: Protected. Cannot retaliate for workers' comp.
Scenario 5: Small Employer Discrimination
Situation: Work for 8-person company, faced discrimination.
Analysis: VHRA covers 5+ employees. You're protected.
Remedies Available
Damages
May recover:
- Lost wages (back pay)
- Front pay
- Compensatory damages
- Punitive damages (uncapped under VHRA)
- Attorney's fees
Other Relief
May obtain:
- Reinstatement
- Injunctive relief
- Policy changes
Statute of Limitations
Time Limits
Varies by claim:
- EEOC: 300 days
- VHRA private action: Consult attorney
- Contract claims: 5 years (written)
- Tort claims: 2 years
Frequently Asked Questions
Is Virginia an at-will state?
Yes, but with important exceptions for discrimination, whistleblowing, and public policy.
Can I sue for wrongful termination?
If an exception applies (discrimination, retaliation, etc.), yes.
Does VHRA cover small employers?
Yes. VHRA covers employers with 5+ employees.
How long do I have to file?
300 days for EEOC discrimination claims.
Is LGBTQ termination illegal?
Yes. Virginia Values Act explicitly protects sexual orientation and gender identity.
Related Topics
- Virginia At-Will Employment
- Virginia Whistleblower Protections
- Virginia Workplace Discrimination
- Virginia Employment Law Hub
Take Action
If you believe you were wrongfully terminated:
- Document the circumstances
- Identify protected activity
- Note applicable deadlines
- Preserve evidence
- Consult employment attorney
Legal Disclaimer
This article provides general information about wrongful termination in Virginia and is not legal advice. For specific advice, consult a licensed Virginia employment attorney.
For official information:
- Virginia DOLI: https://www.doli.virginia.gov | 804-225-2292
- EEOC Richmond: 804-771-2200
Frequently Asked Questions
What is default Rule?
What are important Exceptions?
What is vHRA Discrimination?
What is public Policy Exception?
What is whistleblower Protection?
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