Is my employer responsible for providing severance pay if I am wrongfully terminated?

In Virginia, an employer is typically not responsible for providing severance pay if an employee is wrongfully terminated. However, an employer may be obligated to provide severance if the employee was fired in violation of an employment agreement or the terms of an executive or collective bargaining agreement. In other words, if there is a specific agreement between the employer and employee that dictates that the employer must provide severance pay upon termination, the employer must comply with that agreement. It is important to note that wrongful termination is different than constructive discharge. Constructive discharge occurs when an employee resigns because the working conditions are so intolerable that the employee felt they had no choice. In this situation, the employer may be required to provide severance. It is ultimately up to the employee to determine if they were wrongfully terminated. If an employee believes they were wrongfully terminated, they should consult a lawyer who specializes in employment law. The lawyer can review the facts of the case and advise the employee on their best course of action.

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