What constitutes wrongful termination?

Wrongful termination refers to the unlawful termination of an employee by an employer, and is prohibited by both federal and state laws. In the state of Virginia, a wrongful termination occurs when an employer fires an employee for an unlawful reason, such as discrimination based on race, color, national origin, religion, gender, age, disability, or genetic information. It is also unlawful for an employer to fire an employee for reporting a violation of the law, for exercising their rights under a labor agreement, or for participating in a protected activity such as filing a complaint or participating in a union. In addition, employers are prohibited from firing an employee in retaliation for an employee’s filing of a complaint or testifying or assisting in an investigation against the employer. Employers may also not terminate an employee for refusing to violate state or federal law, such as by refusing to comply with an unlawful directive or by refusing to participate in illegal activities. An employee may also have a claim for wrongful termination if the employer terminated them in violation of a contract or agreement between the employer and employee.

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