Filing a Wrongful Termination Claim in Virginia
Wrongful termination laws are different in every state. If you believe you have been let go from your job as the result of wrongful termination, you may file a claim. Filing a wrongful termination claim in Virginia allows victims of wrongful termination to seek legal help for the illegal treatment they have endured.
Speak to an experienced wrongful termination lawyer if you are ready to learn more about the filing process. We have lawyers standing by to answer your questions and help you with your claim.
Filing a Claim in Virginia
Filing a wrongful termination claim in Virginia may be necessary to be able to hold your employer accountable. The claim itself will contain essential information such as who the parties involved are and a description of the actions leading to the alleged wrongful discrimination.
Most wrongful termination cases will fall into the categories of discrimination, breach of employment contract, or violation of public policy. This includes illegal discrimination based on:
Wrongful termination may also result if you were fired for opposing or reporting illegal practices in the workplace. Employer violations of an employment contract may also support a wrongful termination claim. A lawyer could help you determine if the reasons behind your termination were unlawful.
Where to File a Wrongful Termination Claim
Wrongful termination claims based on discrimination will be filed with an administrative government agency responsible for enforcing the laws at issue. There are federal and state government agencies that investigate and report wrongful termination claims involving violations of discrimination and other employment law statutes.
One is the Equal Employment Opportunity Commission (EEOC), which is the federal agency that investigates and enforces allegations of wrongful termination. Claims can be filed through the EEOC’s online portal, in person or via regular mail. This would include claims alleging breaches of federal discrimination laws including:
- Title VII of the Civil Rights Act
- Age Discrimination in Employment Act
- Americans with Disabilities Act
The comparable state agency in Virginia is the Division of Human Rights (DHR). The DHR enforces the Virginia Human Rights Act (VHRA) which is a state law that prohibits employment discrimination based on protected characteristics. The process for filing a claim with the DHR is similar to the process of filing with the EEOC.
The EEOC and the DHR have a work share agreement that allows the agencies to work together on discrimination cases filed in either agency. Wrongful termination claims alleging breach of contract or a violation of the public policy will typically be presented in Virginia state court.
Employer Retaliation and Filing a Claim
Many employees hesitate to file claims against their employer or report illegal conduct for fear of losing their job. Although this is a legitimate concern, some laws protect employees in this situation.
If an employer fires an employee for exercising their rights under the law to report violations of discrimination laws, unsafe working conditions, or wage and hours laws, the employee will have a viable wrongful termination claim.
Timeline for Filing Claims
There are strict time limits to file a wrongful termination claim. The applicable time limit will depend on the basis of the claim. For example, the statute of limitations for wrongful termination claims based on violations of a written employment contract in Virginia is five years. However, the statute of limitations is only two years for claims alleging violations of Virginia public policy.
The general rule is that discrimination claims involving wrongful termination should be filed within 180 calendar days following the date the alleged wrongful termination occurred. The 180-day deadline is usually extended to 300 days in cases where the reason for the underlying claim is also enforced by state or local agency such as the DHR.
Get Help with your Virginia Wrongful Termination Claim Today
If you need assistance filing a wrongful termination claim in Virginia, our lawyers may be able to represent you. We have helped numerous clients across Virginia seek justice for wrongful termination by filing claims. Speak to a skilled attorney today.