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Can I terminate employees without violating employment laws in Virginia? What are the requirements?

To terminate employees without violating employment laws in Virginia, employers must follow certain requirements.

Employment at Will [1.1]

Virginia is an employment-at-will state, which means that employers can terminate employees at any time and for any reason, unless the termination violates an employment contract, a collective bargaining agreement, or a specific law or regulation.

Retaliatory Action Prohibited [1.5]

Employers cannot discharge, discipline, threaten, discriminate against, or penalize an employee, or take other retaliatory action regarding an employee’s compensation, terms, conditions, location, or privileges of employment, because the employee has requested or exercised the benefits provided for in Virginia law or has alleged a violation of Virginia law.

Retaliatory Action Against Employee Prohibited [1.6]

Employers cannot discharge, discipline, threaten, discriminate against, or penalize an employee, or take other retaliatory action regarding an employee’s compensation, terms, conditions, location, or privileges of employment, because the employee:

  • Reports a violation of any federal or state law or regulation to a supervisor or to any governmental body or law-enforcement official;
  • Is requested by a governmental body or law-enforcement official to participate in an investigation, hearing, or inquiry;
  • Refuses to engage in a criminal act that would subject the employee to criminal liability;
  • Refuses an employer’s order to perform an action that violates any federal or state law or regulation and the employee informs the employer that the order is being refused for that reason; or
  • Provides information to or testifies before any governmental body or law-enforcement official conducting an investigation, hearing, or inquiry into any alleged violation by the employer of federal or state law or regulation.

It is important to note that this is not an exhaustive list of all employment laws in Virginia, and employers should consult with legal counsel to ensure compliance with all applicable laws and regulations.

Based on the above documents, employers in Virginia can terminate employees at any time and for any reason, unless the termination violates an employment contract, a collective bargaining agreement, or a specific law or regulation. Employers cannot retaliate against employees who exercise their rights or report violations of Virginia law.

If you have any further questions or concerns, please consult with legal counsel.

Source(s):
Jurisdiction

Virginia