What constitutes a wrongful termination claim?

In Virginia, a wrongful termination claim is a claim that an employee was fired in violation of a law or public policy. Generally, a wrongful termination claim is based on the employee’s gender, race, religion, national origin, age, disability, or some other legally protected status. A wrongful termination claim can be based on either an employment contract or public policy. When an employee is fired in violation of an employment contract, the employee can file a claim to recover the wages and benefits that were specified in the contract. This can include any unpaid wages due to them or benefits such as vacation or sick leave. When an employee is fired in violation of public policy, they can file a claim for damages such as pain and suffering, emotional distress, or lost wages and benefits. They may also be able to sue for punitive damages, which are meant to punish the employer for their wrong behavior. In addition, wrongful termination in Virginia can include firing an employee in retaliation for whistleblowing, filing a workers’ compensation claim, or any other action that is protected by the law. At-will employees may also have a wrongful termination claim if they were fired for an unlawful reason. Because of this, it is important to seek the advice of an experienced employment rights lawyer if you think you have been wrongfully terminated.

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What constitutes a wrongful termination claim?

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