Are employers allowed to terminate employees for refusing to comply with unlawful instructions?
Yes, employers in Virginia are allowed to terminate employees for refusing to comply with unlawful instructions. However, an employee cannot be terminated simply for refusing to comply with a rule which they believe is unlawful. The employee must first bring the alleged unlawful instruction to the attention of their employer. The employee must provide enough information to make it clear that they believe the instruction is unlawful, and the employer must have a reasonable opportunity to address their concerns. Additionally, Virginia law prohibits disciplinary action against an employee for opposing unlawful or discriminatory practices. Under Virginia’s employment discrimination law, employers are prohibited from discriminating against an employee on the basis of race, color, religion, national origin, sex, pregnancy, childbirth or related medical conditions, age, marital status, veteran status, or disability. So, if an employee has good reason to believe that an instruction is discriminatory, the employee is protected from any kind of retaliation for refusing to comply with the instruction. In general, employees should feel comfortable coming forward and voicing a concern if they feel that an employer is asking them to do something that is unlawful or discriminatory. It is important for employers to make sure that their employees understand their rights and the steps that need to be taken should they feel that they are being asked to do something that is unlawful or discriminatory.
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