Separation From Employment: Virginia

Federal law and guidance on this subject should be reviewed together with this section.

Author: Michael Barnsback

Summary

• Virginia courts may interpret an employer's promise of just cause prior to terminating a contract as proof of a fixed contract for the duration of the time set forth in the contract. See Termination for Cause.
• Employees over 40 years of age are protected from age discrimination in Virginia by federal and state law. However, employees who are offered, but do not sign, waivers have no standing to sue their employers. See Terminating Older Workers.
• Terminated employees must be paid all wages due by their regular payday. See Termination Pay.
• Virginia employees who complain about unlawful practices in the workplace by making internal complaints are still protected by anti-retaliation provisions. See Retaliatory Discharge.
• Virginia courts recognize constructive discharge claims in narrow circumstances. See Constructive Discharge.