Virginia, a Right-to-Fire State: At-Will Exceptions and Deadlines

Virginia is an at-will employment state, which means your employer can fire you at almost any time, for almost any reason, without warning or severance, and you can quit on the same terms. The word doing the work in that sentence is “almost.” Federal law and Virginia law both carve out categories of firings that remain illegal no matter how at-will the relationship is, and those exceptions are usually what matters if you’ve just lost your job or think you’re about to.

What At-Will Really Means

Under the at-will rule, neither side needs a reason to end the working relationship. Your employer doesn’t have to show just cause, follow a progressive discipline process, or give notice.¹ You can be let go because business is slow, because your manager doesn’t like your personality, or because the company wants to move in a different direction. None of those reasons has to be documented or defended.

“Any reason” is not the same as “every reason,” though. Firings based on protected characteristics, retaliation for using a legal right, or refusing to break the law are off-limits. The real question in most Virginia cases isn’t whether the employer needed a reason. It’s whether the reason they actually had crossed a line the law protects.

The Public Policy Exception

Virginia courts recognize a narrow common-law exception to at-will employment, first established in Bowman v. State Bank of Keysville. A firing falls within it in three situations:

You refused to commit a crime your employer directed you to commit, such as falsifying records or lying under oath.
You exercised a specific legal right, such as filing a workers’ compensation claim, and were fired for it.
You belong to a class that a Virginia or federal statute exists specifically to protect, and the firing violated that statute’s purpose.

Virginia courts read this exception strictly. A general sense of unfairness will not carry the claim; you generally need to point to the specific statute that created the right or the class. If your firing fits one of these patterns, talk to an employment attorney early, because the paperwork trail matters.

Contracts That Override At-Will

A written or oral employment contract that sets a term of employment, or limits the reasons you can be fired, displaces the at-will default.¹ A two-year contract that allows termination only for poor performance or misconduct means the employer breaches the agreement by firing you for something else during that term.

Implied contracts are harder to establish. An employee handbook that promises progressive discipline, or a manager’s assurance about job security, can in theory modify the relationship. In practice, Virginia courts are reluctant to find implied contracts, and most handbooks include an explicit disclaimer stating employment remains at-will. That disclaimer will usually defeat the argument.

Union members covered by a collective bargaining agreement fall outside at-will as well. The agreement typically requires the employer to follow a grievance procedure and show just cause before terminating a covered employee.¹

Federal Discrimination Protections

Federal law bars firings based on protected characteristics, whatever your at-will status. Three statutes do most of the work:

Title VII of the Civil Rights Act of 1964 prohibits termination based on race, color, religion, sex (including sexual orientation, gender identity, and pregnancy), and national origin. It covers employers with 15 or more employees.²
The Americans with Disabilities Act protects qualified individuals with disabilities and requires reasonable accommodations. It covers employers with 15 or more employees.³
The Age Discrimination in Employment Act protects workers aged 40 and older. It covers employers with 20 or more employees.³

All three prohibit retaliation. If you reported discrimination, took part in an investigation, or filed a complaint, your employer can’t fire you for that even if the underlying complaint ultimately fails on the merits.

Virginia Human Rights Act

Virginia’s own anti-discrimination statute reaches further than federal law in important ways. The Virginia Human Rights Act (VHRA) prohibits discrimination based on race, color, religion, national origin, sex (including pregnancy, childbirth, and lactation), sexual orientation, gender identity, age, marital status, military status, and disability.⁴

Employer size thresholds vary by claim. Most discriminatory practices under the VHRA reach employers with 15 or more employees. For wrongful discharge based on race, sex, disability, religion, national origin, marital status, military status, sexual orientation, or gender identity, the threshold drops to more than five employees. For age-based discharge specifically, the VHRA covers employers with more than five but fewer than 20 employees.⁵

That lower threshold matters. If you work for a small business with eight employees and you’re fired because of your race or sex, you have a state claim even though federal law wouldn’t reach the employer. Virginia also requires employers with more than five employees to provide reasonable accommodations for disabilities and for pregnancy-related conditions.

Your Final Paycheck and Records

Whatever the reason for the firing, your employer must pay all wages you earned by the next regular payday you would have received had you kept working.⁶ If wages are withheld, you can file a wage claim with the Virginia Department of Labor and Industry.

Under Virginia Code Section 8.01-413.1, you can request certain employment records in writing. Your employer has 30 days to provide records showing dates of employment, wages or salary, job title and description, and any workplace injuries. Performance reviews and disciplinary records are not on that list, but the records you can get are often important evidence in a discrimination or wrongful termination case.

Non-Compete Agreements After Termination

Virginia prohibits employers from enforcing non-compete agreements against “low-wage employees.” You qualify if your average weekly earnings fall below Virginia’s average weekly wage, or if you’re eligible for overtime under federal law. The prohibition also covers interns, students, apprentices, and trainees regardless of pay.⁷

Employers who try to enforce a barred non-compete face a civil penalty of $10,000 per violation and must post notice of the law in the workplace.⁷ Even above the wage threshold, Virginia courts still evaluate non-competes for reasonableness in scope, geography, and duration, and overly broad agreements can be struck down.

Deadlines If You Want to Challenge the Firing

If you think your termination was illegal, deadlines are strict and missing them can end the claim permanently.

For federal discrimination claims, you must file a charge with the Equal Employment Opportunity Commission before you can sue. Because Virginia has a state enforcement agency that works with the EEOC, the filing deadline is generally 300 days from the discriminatory act. Once the EEOC closes its investigation and issues a Notice of Right to Sue, you have 90 days to file in federal court.⁸ If 180 days pass without a completed investigation, you can request the notice early.

For claims under the Virginia Human Rights Act, you can file with the Virginia Office of Civil Rights within 300 days of the discriminatory act. After receiving a right-to-sue notice from the state office or the EEOC, you have 90 days to file a civil action in Virginia circuit or general district court. If 180 days pass without a notice, you can proceed directly to court.⁹

What You Can Recover

Available damages depend on which law was violated and the size of the employer.

Under federal discrimination statutes, remedies include reinstatement, back pay, compensatory damages for emotional harm and out-of-pocket expenses, and punitive damages for especially reckless or malicious conduct. Congress caps combined compensatory and punitive damages by employer size, from $50,000 for employers with 15 to 100 employees up to $300,000 for those with more than 500. Back pay and attorney fees fall outside those caps. Age discrimination claims under the ADEA don’t allow compensatory or punitive damages, but liquidated damages equal to back pay may be awarded.¹⁰

Under the VHRA, a court or jury can award compensatory and punitive damages, reasonable attorney fees and costs, and injunctive relief such as reinstatement or an order to stop the discriminatory practice.⁹ The VHRA does not impose the same tiered caps as federal law, which can make the state claim more valuable when the employer is small.

Unemployment Benefits

Being fired does not automatically disqualify you from Virginia unemployment. What matters is why. A reduction in force or a poor fit generally qualifies. A firing for willful misconduct generally does not. If you’re disqualified for misconduct, the disqualification lasts until you work for a new employer for at least 30 days or 240 hours and then lose that job through no fault of your own.¹¹

Quitting voluntarily without good cause carries the same disqualification, and Virginia reads “good cause” narrowly: leaving to become self-employed or relocating with a non-military spouse doesn’t count. Benefits start from the application date, so file with the Virginia Employment Commission as soon as you’re able.

1
USA.gov. Termination Guidance for Employers
2
U.S. Equal Employment Opportunity Commission. Title VII of the Civil Rights Act of 1964
3
U.S. Department of Health and Human Services. Civil Rights Requirements – E. Federal Employment Discrimination Laws
4
Virginia Code Commission. Virginia Code 2.2-3900 – Short Title; Declaration of Policy
5
Virginia Code Commission. Virginia Code Chapter 39 – Virginia Human Rights Act
6
Virginia Code Commission. Virginia Code 40.1-29 – Time and Medium of Payment; Withholding Wages
7
Virginia Code Commission. Virginia Code 40.1-28.7:8 – Covenants Not to Compete Prohibited
8
U.S. Equal Employment Opportunity Commission. Filing a Lawsuit
9
Virginia Code Commission. Virginia Code 2.2-3908 – Civil Actions by Private Parties
10
U.S. Equal Employment Opportunity Commission. Remedies for Employment Discrimination
11
Virginia Code Commission. Virginia Code 60.2-618 – Disqualification for Benefits