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Can I fire employees for reasons other than poor performance in Virginia? What are the requirements?

Based on the documents provided, Virginia is an employment-at-will state, which means that employers can terminate employees for any reason, as long as it is not discriminatory or in violation of public policy. However, there are certain requirements that employers must follow when terminating employees.

Requirements for Termination of Employees in Virginia

  1. Discrimination: Employers cannot terminate employees based on their race, color, religion, sex, national origin, age, or disability. Doing so would be considered discriminatory and illegal under federal and state laws.
  2. Public Policy: Employers cannot terminate employees for reasons that violate public policy. For example, an employer cannot terminate an employee for reporting a safety violation or for refusing to engage in illegal activities.
  3. Contractual Obligations: Employers must follow any contractual obligations they have with employees. For example, if an employment contract specifies that an employee can only be terminated for cause, the employer cannot terminate the employee without cause.
  4. Notice: Employers are not required to provide notice to employees before terminating them, but they must follow any notice requirements specified in the employment contract or collective bargaining agreement.
  5. Final Paycheck: Employers must provide employees with their final paycheck on or before the next regular payday following the termination of employment.
  6. Benefits: Employers must follow any requirements related to the continuation of benefits after termination, such as providing COBRA notices to employees.

Conclusion

In Virginia, employers can terminate employees for any reason, as long as it is not discriminatory or in violation of public policy. Employers must also follow any contractual obligations, notice requirements, and requirements related to final paychecks and benefits. [1.6]

Source(s):
Jurisdiction

Virginia