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About Hiring & Firing Law in Virginia, United States

Hiring and firing laws in Virginia are designed to establish the rights and responsibilities of both employers and employees throughout the employment lifecycle. Virginia is an "at-will" employment state, which means that employers generally have the right to hire or terminate employees for any reason that is not illegal or for no reason at all, unless there is a contract in place specifying otherwise. However, this does not mean employers have unlimited power, as various federal and state laws provide protections against discrimination, wrongful termination, retaliation, and other unfair employment practices.

Why You May Need a Lawyer

Many situations involving hiring and firing can be complex, emotionally charged, and legally nuanced. Seeking the guidance of an attorney may be essential in scenarios such as:

• Facing wrongful termination or suspecting termination in violation of public policy.
• Experiencing discrimination or harassment in hiring, firing, or within the workplace.
• Negotiating employment contracts, severance agreements, or non-compete clauses.
• Being a small business or employer needing advice on compliance with local, state, or federal laws.
• Reports of retaliation after reporting illegal activities or filing complaints.
• Layoffs or reorganization initiatives involving mass terminations and compliance with notice requirements.
• Questions regarding eligibility for unemployment benefits after termination.

Local Laws Overview

Virginia adheres to both federal and state laws regulating the hiring and firing process. The most notable characteristics include:

• At-Will Employment: Most employment in Virginia can be ended by either employer or employee at any time, for any reason that is not illegal.
• Protected Classes: Employers must abide by anti-discrimination statutes that protect characteristics including race, color, religion, sex, national origin, age (40 and over), disability, pregnancy, childbirth, or related medical conditions, status as a veteran, sexual orientation, and gender identity.
• Wrongful Termination: Firings grounded in retaliation, discrimination, or violations of employment contracts may be deemed wrongful and subject to legal challenge.
• Hiring Practices: Employers are restricted from asking certain questions during hiring, such as about disability status or criminal history in some contexts. They must also comply with federal laws such as the Fair Credit Reporting Act if conducting background checks.
• Notification Requirements: The federal Worker Adjustment and Retraining Notification Act (WARN) may apply to larger employers during mass layoffs, requiring advance notice.
• Wage and Hour Laws: Virginia has its own minimum wage and overtime rules that employers must follow when hiring and firing employees.
• Severance and Final Paychecks: While severance is not required by law, final paychecks must generally be provided by the next regular payday.

Frequently Asked Questions

What does at-will employment mean in Virginia?

At-will employment means either the employer or employee can end the employment relationship at any time, for any lawful reason, or no reason. However, termination cannot violate anti-discrimination laws or an employment contract.

Can my employer fire me for any reason?

Your employer can fire you for any reason that is not illegal. You cannot be fired for reasons related to your race, sex, religion, national origin, disability, pregnancy, sexual orientation, gender identity, age, or in retaliation for protected activities.

Is my employer required to provide a reason for my firing?

No, under at-will employment, employers are not legally required to provide a reason for termination, unless a contract or company policy requires it.

Can a prospective employer ask about my criminal history?

In most cases, Virginia law does not prohibit private employers from asking about criminal history, but some cities or government employers may have limitations. Federal law also requires employers to treat background checks in a non-discriminatory manner.

What should I do if I believe I was wrongfully terminated?

Document all circumstances leading up to your termination and consult with an employment attorney or government agency to determine if your termination violated any laws or contracts.

Are employers required to give severance pay in Virginia?

No, Virginia law does not require employers to provide severance pay unless stated in an employment contract or as part of a company policy.

How soon must my former employer give me my final paycheck?

You are entitled to your final wages on or before the next regularly scheduled payday, regardless of whether you quit or were terminated.

What rights do I have against discrimination during hiring or firing?

Both federal and state laws prohibit discrimination based on certain protected characteristics at all stages of employment, including hiring and firing. This includes discrimination based on race, color, religion, sex, national origin, age, disability, pregnancy, sexual orientation, and gender identity.

Can I be fired for complaining about illegal activity or unsafe workplace conditions?

No, you are generally protected from retaliation for reporting illegal activities, workplace hazards, or lodging complaints about discrimination or harassment.

Who do I contact if I need to file a complaint about wrongful termination or discrimination?

Depending on the nature of your complaint, you may contact the Virginia Division of Human Rights, the Equal Employment Opportunity Commission (EEOC), or consult with a local employment attorney for further guidance.

Additional Resources

If you are seeking advice, assistance, or wish to file a complaint regarding hiring and firing issues in Virginia, consider these resources:

• Virginia Division of Human Rights: Investigates complaints of unlawful discrimination in employment under state law.
• Equal Employment Opportunity Commission (EEOC): Handles federal discrimination complaints.
• Virginia Department of Labor and Industry: Provides information about wage and hour laws, workplace safety, and more.
• Legal Aid Justice Center - Employment Law Unit: Offers legal assistance in employment matters for eligible individuals.
• Local Bar Associations: Can help you find experienced employment lawyers.

Next Steps

If you are facing a hiring or firing concern in Virginia, begin by documenting all relevant interactions, contracts, and company policies. Next, determine whether your issue involves a potential violation of federal, state, or local law. Consulting with a qualified employment attorney will help you assess your legal rights and potential courses of action. Legal counsel can also help you gather evidence, communicate with employers, file complaints with the appropriate agencies, and represent you in negotiations or litigation if necessary.

To move forward, consider reaching out to the resources listed above, schedule a consultation with an employment attorney, and stay informed about your rights and obligations under Virginia law.