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Virginia Termination (with Discharge): What you need to know

Virginia is an "employment-at-will" state. This means that an employer may generally terminate an employee at any time, for any reason or no reason at all, unless an agreement exists that provides otherwise. There are, however, limitations on the doctrine. For instance, a federal or state law, collective bargaining agreement, or individual employment contract may restrict an employer's ability to terminate an employee.
Although the Virginia courts generally adhere to the doctrine of employment at will, there are a number of notable exceptions to the rule, including the following:
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Court summons. It is illegal to discipline an employee for responding to a summons to serve on a jury. Employers are also forbidden from discharging an employee for missing work when summoned to court to testify as a witness (VA Code Sec. 18.2-465.1).
Crime victims. It is unlawful for an employer to discharge, refuse to hire, or discriminate against an employee who is a victim of a crime for taking leave to attend a criminal proceeding (VA Code Sec. 40.1-28.7:2).
Election officials. Employers are prohibited from taking any adverse employment action against employees who take time off from work to serve as election officials as long as the employee gives reasonable notice of such service (VA Code Sec. 24.2-118.1).
Garnishment. Employers may not discharge, discipline, or refuse to hire anyone because of a support withholding order (VA Code Sec. 20-79.3(9)). For consumer credit transactions, an employer may not discharge an employee because of one wage garnishment (VA Code Sec. 34-29).
Health and safety laws. Employers may not retaliate against an employee for filing a complaint, testifying, or exercising ...

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Virginia Termination (with Discharge) Resources

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Record retention is complex and time consuming. However, in addition to complying with various federal and state laws, keeping good, well-organized records can be very helpful in documenting and supporting an organization’s employment actions.
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This special report will discuss how you can ensure your records are in good order, and establish a record-retention policy.

Topics covered:
1. Hiring Records
2. Employment Relationships
3. Termination Records
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5. Electronic Information Issues
6. Tips for Better Recordkeeping
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