What are the different types of wrongful termination?

Wrongful termination is when an employee is fired in violation of either state or federal law. In Virginia, there are several different types of wrongful termination. First, an employer cannot fire an employee based on their race, color, gender, national origin, age, pregnancy, disability, or religion. This type of wrongful termination is called discrimination and is illegal under both state and federal law. Additionally, an employer may not retaliate against an employee for filing a complaint of discrimination with either the Virginia Human Rights Council or the Equal Employment Opportunity Commission. Second, an employee cannot be fired for exercising their rights. This includes the right to organise a union, the right to vote, the right to file a complaint or report an unsafe or unfair work condition or practice, or the right to serve on a jury. Third, an employee cannot be wrongfully terminated if their employer fails to follow their own internal rules and policies. An employer must adhere to any written policies or procedures they have in place regarding disciplinary actions, terminations, and other matters. Fourth, wrongful termination may also occur when an employer fires an employee in violation of an employment contract. This could include employees that are fired without a specified period of notice, without cause specified by their contract, or without a fair and reasonable hearing before being terminated. Finally, employers cannot fire an employee in violation of public policy. This includes firing employees for participating in politics, refusing to lie or commit a crime, taking time off work to vote, or taking time off work to serve in a jury. Overall, any type of firing that is discriminatory, violates an employee’s rights, violates an employer’s policies, violates an employment contract, or violates public policy can be considered wrongful termination and is illegal in Virginia.

What are the different types of wrongful termination?

Related FAQs

Related Blog Posts