What types of employer conduct constitute wrongful termination?

In Virginia, wrongful termination occurs when an employee is fired for an illegal purpose and not due to poor job performance. Examples of this include firing an employee for his or her race, gender, religion, or age, or for filing a complaint with the Equal Employment Opportunity Commission. Other forms of wrongful termination can include firing an employee in violation of a contract or because of whistleblowing activity. Another type of wrongful termination is retaliation, which occurs when an employer fires an employee for complaining about illegal activity or misconduct at the workplace. Even if the employee’s complaint may not be sufficient grounds for a lawsuit, the employer may still be liable for retaliatory termination if it was motivated by a desire to punish the employee for filing a complaint or asserting a legal right. If an employee is fired for refusing to engage in illegal activity, the employer may be liable for wrongful termination. The employee may be able to prove wrongful termination if they can present evidence that they were asked to do something unethical or unlawful or if the employer punished the employee for refusing to violate the law. Finally, certain public policy considerations may be grounds for wrongful termination. If an employer fires an employee for exercising his or her rights under Virginia law or for making a reasonable complaint, then they may be held liable for wrongful termination. Employers must also consider reasonable accommodations for employees’ religious beliefs when determining whether to fire an employee.

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