At-Will Employment in Virginia: What Employees Should Know
Employment at will is the default rule in Virginia. Still, exceptions exist that allow an employee to pursue and win a wrongful discharge action.
If you found this article, you have heard the term “at-will employee” or that Virginia is an “at-will” state.
It is true. Virginia follows the employment-at-will doctrine and has done so for more than 100 years since the Supreme Court of Virginia decided Stonega Coal and Coke Co. v. Louisville and Nashville R.R. Co., 106 Va. 223, 55 S.E.551 (1906). Indeed, the “at-will” employment rule is “a cornerstone of the Commonwealth’s employment law.” Parties negotiating contracts for services can rely on its continued stability.
This common-law rule allows an at-will employee to quit for any reason at any time. Similarly, an employer may fire an employee at any time, without warning.
But employment at will is not absolute. Exceptions exist. For example, the employer cannot fire you for an illegal or unlawful reason.
This article discusses exceptions to employment at will in Virginia and when you may have a wrongful discharge action against your employer.
What is the Employment-at-Will Doctrine?
Virginia’s employment-at-will doctrine says that when the parties do not have an employment contract that shows the relationship’s intended length, either party is ordinarily free to terminate the agreement at will upon giving the other party reasonable notice.
In 2016, the Supreme Court of Virginia explained the benefits of the at-will relationship. It held that at-will employment offers “maximum flexibility” to employers and employees, allowing both to leave or stop the employment relationship for any reason or no reason.
In that same judicial opinion, the Virginia Supreme Court said that “reasonable notice” means “effective notice that the employment relationship has ended.” Therefore, the court declined to require a specific amount of advance notice of termination.
Who is an At-Will Employee?
Most employees in Virginia are at-will.
You are an at-will employee unless you have an employment contract that limits your employer’s right to fire you. Indeed, an oral or written contract may take your employment out of at-will status in Virginia. And in other states, an implied contract may exist.
If you have an employment contract, the employer must have good cause, such as poor job performance or misconduct like violence or embezzlement, to terminate your employment before the contract expires.
What are the Exceptions to At-Will Employment in Virginia?
Although at-will employment is the default doctrine in Virginia and nearly every other state, exceptions exist. An employer cannot terminate an employee at will unless for unlawful reasons.
The following sections explain these exceptions to employment-at-will in Virginia.
You may have a wrongful discharge action against your employer if your termination involves a breach of contract, violates public policy, or runs afoul of state or federal employment laws on discrimination.
Employment Contracts
As discussed earlier, the at-will doctrine does not apply to an employment relationship governed by a contract that specifies the employment’s length and when either party may terminate the contract early.
Similarly, if the employment relationship continues after the contract ends, courts may assume the parties renewed the agreement for the time specified in the first contract.
For example, suppose you have a one-year employment contract from January 1, 2024, through December 31, 2024. If you continue to work after December 31, 2024, the court may assume that you and the employer agreed to a second one-year contract that ends on December 31, 2025.
Public Policy Exception
Most states have created a public policy exception to the at-will employment rule, and Virginia is one such state.
Under this exception, you may have a statutory or common law cause of action for wrongful discharge when the employer’s act violates public policy.
Termination of your employment may violate public policy when it conflicts with –
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- A statute that explicitly says the public policy or is meant to protect the public’s property rights, health, safety, welfare, and personal freedoms, and
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- You are a member of the class of persons the public policy means to protect.
For example, the Virginia General Assembly, as the legislative body responsible for enacting laws, has created statutes that give at-will employees legal grounds for discharge based on actions such as filing a workers’ compensation claim or a complaint with the Occupational Safety and Health Administration (OSHA).
In addition, an employer violates public policy when it terminates an at-will employee for refusing to have sexual relations, exercising other statutorily created rights, attending jury duty, or refusing to engage in criminal conduct.
Violation of State or Federal Employment Laws Banning Discrimination or Retaliation
State and federal employment laws make it unlawful to fire or discriminate against employees based on age, color, disability (handicap status), gender, genetic factors, military service, national origin, pregnancy status, race, religion, or sexual orientation. In addition, an employer cannot fire you for participating in protected activities under the National Labor Relations Act (NLRA). Finally, some laws protect whistleblowers from retaliation.
If an employer fires you for one of these reasons, you may have a cause of action under common-law rules, the federal statute violated, or the Virginia Human Rights Act.
You Might Have a Wrongful Termination Claim Even if You Were an At-Will Employee
Employment at will is a concept that needs to be better understood by employers and victimized employees.
This rule does not protect your job but protects you from illegal discrimination or pressure to violate other laws.
If you think your employer wrongfully discharged you, fill out this form or call our employment lawyers at (804) 251-1620 or (757) 810-5614 to see if we can help.
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