Wrongful Termination in Virginia
Virginia is generally an at-will state, but some firings are illegal. Here are the exceptions, retaliation protections and where to file.
Short answer: Employers may not fire, discipline, threaten or otherwise retaliate against an employee who in good faith reports a violation of federal or state law to a supervisor, government body or law enforcement; Va. Code § 40.1-27.3; §§ 40.1-33.2, 40.1-28.7:9, 40.1-33.1
| Whistleblower and retaliation protection | Employers may not fire, discipline, threaten or otherwise retaliate against an employee who in good faith reports a violation of federal or state law to a supervisor, government body or law enforcement; is asked to take part in an official investigation or hearing; refuses to commit a crime; refuses an illegal order (and tells the employer why); or gives information or testimony to investigators. The employee may sue within one year for reinstatement, lost wages and benefits, and attorney's fees. Separate laws also protect employees who file wage claims, discuss pay, or report misclassification. |
|---|---|
| Job discrimination complaints | Office of Civil Rights in the Virginia Attorney General's Office (Department of Law). The Virginia Human Rights Act covers employers with five or more employees (and any employer of a domestic worker). A sworn written complaint must be filed within two years of the discriminatory act. After receiving a notice of right to sue, a person has 90 days to file in court. |
Where to get help in Virginia
More Virginia employment law
- Minimum Wage in Virginia
- Final Paycheck Laws in Virginia
- Paid Sick Leave in Virginia
- Non-Compete Agreements in Virginia
- All Virginia employment law rules
FAQ
Is it illegal to fire someone for reporting a violation in Virginia?
Employers may not fire, discipline, threaten or otherwise retaliate against an employee who in good faith reports a violation of federal or state law to a supervisor, government body or law enforcement; is asked to take part in an official investigation or hearing; refuses to commit a crime; refuses an illegal order (and tells the employer why); or gives information or testimony to investigators. The employee may sue within one year for reinstatement, lost wages and benefits, and attorney's fees. Separate laws also protect employees who file wage claims, discuss pay, or report misclassification.
Where do I file a job discrimination complaint in Virginia?
Office of Civil Rights in the Virginia Attorney General's Office (Department of Law). The Virginia Human Rights Act covers employers with five or more employees (and any employer of a domestic worker). A sworn written complaint must be filed within two years of the discriminatory act. After receiving a notice of right to sue, a person has 90 days to file in court.
General legal information, not legal advice. Laws change and local rules can differ; check the linked official source or talk to a lawyer about your situation.