Can I sue for wrongful termination in Virginia?

Yes, if your termination falls within a recognized exception to at-will employment [§ 40.1-28]. You may need to file an administrative complaint first before bringing a lawsuit.

What damages can I recover?

Available remedies vary by claim type but may include back pay, reinstatement, and other compensatory relief.

Do I need an attorney?

Wrongful termination cases are complex. An experienced employment attorney can evaluate your case and significantly improve your chances of success.

Topic guideUpdated 2026-02-27

Wrongful Termination in Virginia — Know Your Rights

Q: What makes a termination "wrongful"?

A termination is wrongful if it violates a statute, public policy, or an employment contract. Narrow public policy exception recognized through case law for termination violating a Virginia statutory policy; Virginia Values Act (2020) significantly expanded employment discrimination protections and created a private right of action; statutory protections for whistleblower retaliation and workers' comp retaliation [§ 40.1-27.3].

Q: How long do I have to file?

Deadlines vary by claim type. Discrimination claims must be filed within Two years to file a complaint with the Virginia Office of Civil Rights, measured from the day the alleged discriminatory practice occurred; separate federal deadlines apply to charges filed with the EEOC [§ 2.2-3907]. Other claims may have different limitations periods.

At-will exceptions, public policy protections, and how to challenge an illegal firing in Virginia.

While Virginia follows the at-will employment doctrine §40.1-28, not all terminations are lawful. Wrongful termination occurs when a firing violates the law. Narrow public policy exception recognized through case law for termination violating a Virginia statutory policy; Virginia Values Act (2020) significantly expanded employment discrimination protections and created a private right of action; statutory protections for whistleblower retaliation and workers' comp retaliation §40.1-27.3.

When Is Termination Wrongful?

Termination may be wrongful if it violates:

A state or federal anti-discrimination law §2.2-3901

The public policy of Virginia §40.1-27.3

An express or implied employment contract

Anti-retaliation provisions (for reporting illegal conduct, filing complaints, or exercising statutory rights)

At-Will Exceptions in Virginia

Virginia follows the at-will employment doctrine; recognizes a narrow public policy exception (Bowman v. State Bank of Keysville) but does not recognize implied contract or covenant of good faith and fair dealing exceptions §40.1-28.

Filing a Wrongful Termination Claim

To pursue a wrongful termination claim in Virginia:

Document the circumstances of your termination immediately

Preserve all relevant communications, performance reviews, and employment records

File a complaint with the Virginia Office of Civil Rights (within the Office of the Attorney General) within the applicable deadline §2.2-3907

Consider filing a charge with the EEOC for federal claims

Consult with an employment attorney to evaluate your case

⚠The Statute of limitations for wrongful termination claims varies by theory. Public policy claims may have different deadlines than discrimination claims. Act quickly.

✓If you are offered a severance agreement, have an attorney review it before signing. Severance agreements often contain waivers of your legal rights.

Prepare for Your Consultation

Quick checklist (Employment Law)

Gather these before your first consultation.

Employment records

(pay stubs, contracts, offer letters)

Communication evidence

(emails, texts, performance reviews)

Witness information

(coworkers who can corroborate)

General preparation tips only. Specific needs depend on your state and employment situation.

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