Leesburg Wrongful Termination Attorney
Virginia, like many other states, is an at-will employment state, meaning that employers do not owe their employees any reason for firing them or letting them go. Because of this, a worker who was fired might find that they are hard pressed to claim wrongful termination. However, there are instances in which an employer can overstep their rights and wrongfully terminate an individual’s employment status. The exceptions to the at-will employment rule include terminating an individual for discriminatory reasons, terminating an individual for retaliation reasons, and terminating an individual despite a contract provision that expressly prohibits termination unless certain criteria are met.
If you feel that you have been wrongfully terminated from your job, our Leesburg wrongful termination attorneys can evaluate the circumstances of your case and determine whether or not you have sufficient grounds for a wrongful termination lawsuit. If we feel that you do, we will help you file your claim and pursue the justice and compensation you deserve for your losses.
Grounds for a Wrongful Termination Lawsuit in Virginia
In Virginia, all employees are presumed to be employed at will, meaning that unless the employee’s employment contract specifically states otherwise, an employer is allowed to terminate employment at any time, with or without reason. If they have a reason, they are not required to provide the terminated employee with it. At-will employment laws apply in all instances of termination, except if one or more of the following were to occur:
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The employee was fired for discriminatory reasons. Federal and state laws prohibit the termination of an employee for discriminatory reasons. Discriminatory reasons include race, color, national origin, sex, pregnancy, religion, disability, age, genetic information, or marital status. Whether particular state or federal laws apply will be determined by the number of employees. Many of the federal laws apply to employers with more than 15 employees. Some of the state laws have lower thresholds.
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The employer committed a breach of contract. In some instances, an employer will entice an employee to work for them by creating a provision in their employment contract that promises continued job security, or job security for a set number of years. If the employer creates such a contract, then the employee is no longer at will. The employer will be required to adhere to the employment contract and must pay for any damages it causes by breaching the employment contract.
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The employer acted out of retaliation. Federal and state laws prohibit the termination of an employee because of retaliatory reasons. Retaliation may including firing an employee because the employee filed a discrimination claim against the employer, or because the employee filed an unpaid overtime claim. If the employer violated a law or labor code, and an employee filed a claim against them for it, the employer is not legally allowed to fire that employee as payback.
Consult a Leesburg Wrongful Termination Attorney
If you believe that you have been wrongfully terminated, consult with a Leesburg wrongful termination attorney today. At Simms Showers, LLP, we can review the circumstances leading up to your termination and determine whether or not you have grounds for a wrongful termination lawsuit. If we believe that you do, we will help you file your claim and gather the evidence necessary to prove how you were wronged. Ultimately, our goal is to help you receive compensation for your lost wages, and ensure that your employer does not wrongfully terminate another individual again. Contact Simms Showers, LLP at 703-997-7821 to speak with one of our wrongful termination lawyers today.
