What do I need to do to file a wrongful termination lawsuit?

In Virginia, filing a wrongful termination lawsuit requires that the employee take certain steps. First, the employee must determine if they have a wrongful termination case. According to the Virginia Human Rights Act, an employee may be wrongfully terminated if they are discriminated against based on their race, color, religion, sex, national origin, age, disability, pregnancy, or if they were retaliated against for opposing an illegal practice. The employee must also obtain the necessary paperwork. The employee must file a charge of discrimination with the Equal Employment Opportunity Commission (EEOC) within 180 days of the termination. It is best to file as soon as possible after the termination to preserve one’s rights. Once the charge has been filed, the EEOC will investigate to determine if a lawsuit should be filed. If they decide not to pursue a lawsuit, the employee can then decide if they want to file the lawsuit themselves. The employee must file the lawsuit in the appropriate court. It is a good idea to speak with a lawyer before filing the lawsuit to ensure that all of the necessary paperwork is completed and filed correctly. Once the lawsuit is filed, the court will schedule a hearing. At the hearing, the employee must provide evidence to support their claim of wrongful termination. If the court finds in favor of the employee, the employer may be required to provide the employee with reinstatement, back pay, and/or damages.

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