Wrongful Termination Law in Virginia
This page covers wrongful termination law as it applies in Virginia — the state and federal laws that govern it, filing deadlines, where to get help, and notable in-state decisions. For what wrongful termination protects generally, see the national overview.
Compiled from primary legal sourcesNot legal adviceHow we source this
Quick answer
Virginia is an at-will employment state, meaning employers can generally fire workers for any reason or no reason at all. However, certain firings are illegal — including those based on race, sex, disability, age, or other protected characteristics under the Virginia Human Rights Act, and firings that punish employees for reporting illegal activity or filing a workers' compensation claim. If you believe you were wrongfully fired, write down key dates and save emails, policies, and pay records right away. Deadlines can be as short as 90 days, so acting quickly matters.
Laws that govern wrongful termination in Virginia
Virginia state law
- Virginia Human Rights ActVa. Code § 2.2-3900 et seq.
Prohibits employment discrimination based on race, color, religion, sex, sexual orientation, gender identity, marital status, pregnancy, age, military status, disability, and national or ethnic origin, and creates a private right of action for unlawful termination.
- Virginia Whistleblower Retaliation ProhibitionVa. Code § 40.1-27.3
Prohibits employers from discharging or retaliating against any employee who in good faith reports a violation of federal or state law to a supervisor or government body.
- Fraud and Abuse Whistle Blower Protection ActVa. Code § 2.2-3010 et seq.
Protects state and local government employees from discharge or retaliation for reporting fraud, waste, or abuse of public resources, with a three-year window to file a civil action.
- Workers' Compensation Retaliation ProhibitionVa. Code § 65.2-308
Prohibits employers from discharging an employee solely because that employee has filed or intends to file a workers' compensation claim.
Federal law
- Title 29 — Labor
The U.S. Code title that houses these federal statutes.
- Title VII of the Civil Rights Act of 1964
Prohibits employment discrimination based on race, color, religion, sex, and national origin. Codified at 42 U.S.C. §§ 2000e et seq.
- Family and Medical Leave Act of 1993
Federal law allowing eligible employees of covered employers up to 12 weeks of unpaid leave for specified family and medical reasons. Codified at 29 U.S.C. §§ 2601 et seq.
- Americans with Disabilities Act of 1990
Civil-rights law prohibiting discrimination based on disability in employment, public services, public accommodations, and telecommunications. Codified at 42 U.S.C. §§ 12101 et …
- Worker Adjustment and Retraining Notification Act
Requires employers with 100+ employees to give 60 days’ advance notice of plant closings and mass layoffs. Codified at 29 U.S.C. §§ 2101–2109.
Virginia-specific deadlines for wrongful termination cases
Enter the date your problem happened to see which deadlines may already have passed. Not every deadline applies to every situation — this is a general estimate, not legal advice. Deadlines can be shorter, paused, or extended.
- File discrimination complaint with Virginia Office of Civil Rights: 300 days
A complaint alleging employment discrimination under the Virginia Human Rights Act must be filed in writing with the Office of Civil Rights of the Department of Law no later than 300 days from the date the alleged discriminatory act occurred.
Va. Code § 2.2-3907
- File civil lawsuit after receiving Virginia right-to-sue notice: 90 days
Once the Office of Civil Rights issues a notice of the right to file a civil action, you have 90 days to file suit in circuit court. You may request this notice after 180 days have passed since you filed your complaint with no resolution.
Va. Code § 2.2-3908
- File charge of discrimination with the Equal Employment Opportunity Commission: 300 days
Because Virginia has its own anti-discrimination law and enforcement agency, the deadline to file a federal charge with the Equal Employment Opportunity Commission is 300 days from the discriminatory act. This applies to Title VII of the Civil Rights Act of 1964, the Americans with Disabilities Act, and the Age Discrimination in Employment Act claims.
42 U.S.C. § 2000e-5(e)(1)
- File federal lawsuit after receiving Equal Employment Opportunity Commission right-to-sue notice: 90 days
Once the Equal Employment Opportunity Commission issues a Notice of Right to Sue, you have 90 days to file a lawsuit in federal or state court. Missing this deadline will typically bar the claim permanently.
42 U.S.C. § 2000e-5(f)(1)
- File civil action for whistleblower retaliation (private-sector employees): 1 year
An employee who is fired for reporting a violation of any federal or state law to a supervisor or government body must bring a civil action within one year of the retaliatory discharge.
Va. Code § 40.1-27.3
- File civil action under the Fraud and Abuse Whistle Blower Protection Act (government employees): 3 years
State and local government employees who are fired for reporting fraud, waste, or abuse of public resources have three years to file a civil lawsuit. The disclosure must be made in good faith and based on a reasonable belief the information is accurate.
Va. Code § 2.2-3011
These deadlines are general estimates. They can be shorter than they appear, and can be paused (“tolled”) or extended in specific situations. This is not legal advice. If any deadline is near or has passed, talk to a lawyer right away.
Where to go & how to get help
Government agencies and non-profit legal-help organizations for wrongful termination in Virginia.
The federal agency that enforces Title VII of the Civil Rights Act of 1964, the Americans with Disabilities Act, the Age Discrimination in Employment Act, and other federal anti-discrimination laws; Texas employees are served primarily through the Houston District Office.
The federal agency that enforces Title VII of the Civil Rights Act of 1964, the Americans with Disabilities Act, and the Age Discrimination in Employment Act; Ohio residents have 300 days from a discriminatory act to file a charge.
Primary federal agency for filing employment discrimination charges; handles claims by private-sector employees in Georgia under Title VII of the Civil Rights Act of 1964, the Americans with Disabilities Act, the Age Discrimination in Employment Act of 1967, and related laws.
Federal agency enforcing Title VII of the Civil Rights Act of 1964, the Americans with Disabilities Act, and the Age Discrimination in Employment Act; Michigan employees have 300 days to file a charge.
Accepts and investigates employment discrimination complaints under the Virginia Human Rights Act and may seek conciliation or issue a right-to-sue notice.
The federal agency that enforces Title VII of the Civil Rights Act of 1964, the Americans with Disabilities Act, and other federal anti-discrimination employment laws; California employees may file a charge within 300 days of the discriminatory act.
Enforces federal employment discrimination laws including Title VII of the Civil Rights Act of 1964, the Americans with Disabilities Act, and the Age Discrimination in Employment Act; Florida workers can dual-file charges with both the Equal Employment Opportunity Commission and the Florida Commission on Human Relations.
Federal agency that investigates charges of employment discrimination under Title VII of the Civil Rights Act of 1964, the Americans with Disabilities Act, the Age Discrimination in Employment Act, and related federal laws; filing a charge is required before suing in federal court.
The federal agency that enforces Title VII, the Americans with Disabilities Act, the Age Discrimination in Employment Act, and other federal anti-discrimination laws; accepts charges from Pennsylvania workers within 300 days of a discriminatory act.
The federal agency that enforces Title VII of the Civil Rights Act of 1964, the Americans with Disabilities Act, the Age Discrimination in Employment Act, and other federal anti-discrimination laws for Illinois workers.
Investigates employment discrimination charges under Title VII, the Americans with Disabilities Act, the Age Discrimination in Employment Act, and other federal laws; file a charge here first if you were terminated because of a protected characteristic such as race, sex, religion, national origin, age, or disability.
The federal agency enforcing Title VII of the Civil Rights Act of 1964, the Americans with Disabilities Act, and the Age Discrimination in Employment Act; New Jersey workers have 300 days to file a charge, which is required before bringing a federal lawsuit.
Accepts federal employment discrimination charges under Title VII, the Americans with Disabilities Act, and the Age Discrimination in Employment Act for workers in Virginia.
Connects income-eligible Virginians with one of nine regional legal aid programs that may provide free representation or advice on wrongful termination and employment disputes.
Federal agency that investigates charges of employment discrimination under Title VII of the Civil Rights Act of 1964, the Americans with Disabilities Act, the Age Discrimination in Employment Act, and other federal employment laws; Washington residents have 300 days to file a charge.
Provides a referral to a Virginia-licensed employment attorney for a 30-minute consultation for a $35 non-refundable fee; reach the service toll-free at 1-800-552-7977.
Official U.S. government starting point for finding free or low-cost legal help and legal-aid programs near you.
Locate the LSC-funded legal-aid organization that serves your county for civil (non-criminal) legal problems.
Find your state or local bar association lawyer-referral service and free legal-answer programs.
Find your state attorney general to file consumer-protection, civil-rights, or other complaints.
How to take action in Virginia
- 1
Document everything immediately
Write down the date you were fired, the reason your employer gave, and any events that may have triggered the firing. Save emails, text messages, performance reviews, employee handbooks, and pay stubs.
- 2
Identify the legal basis for your claim
Determine whether the firing may have been discriminatory, retaliatory, a breach of a written employment contract, or a violation of Virginia public policy — the law treats these differently and routes them through different processes.
- 3
File an administrative complaint before the deadline
For discrimination and most retaliation claims you must file a complaint with the Virginia Office of Civil Rights or the federal Equal Employment Opportunity Commission before you can sue — and those windows can close in as few as 300 days from the firing.
- 4
Cooperate with the agency investigation
After you file, the agency notifies your employer, investigates the facts, and may try to reach a settlement. Respond promptly to all agency requests and keep records of every communication.
- 5
Request a right-to-sue notice when ready
If the agency has not resolved your complaint within 180 days, you may request a notice of your right to file a civil lawsuit; once issued, you generally have only 90 days to file in court.
- 6
Consult an employment attorney
An attorney familiar with Virginia employment law can identify the correct deadlines, evaluate the strength of your claim, and represent you before an agency or in court — many offer free initial consultations.
A general roadmap, not legal advice — the right steps depend on your situation and deadlines.
Common questions about wrongful termination in Virginia
Can my employer in Virginia fire me for any reason?
In most cases, yes. Virginia follows the at-will employment doctrine, which lets an employer dismiss a worker for any reason or no reason, as long as the reason is not an illegal one. Illegal reasons include discrimination based on a protected characteristic, retaliation for protected activity, and breach of a written employment contract.
What counts as wrongful termination in Virginia?
A firing is legally actionable when it violates a specific statute or recognized public policy. Common claims include discrimination under the Virginia Human Rights Act, retaliation for reporting illegal activity under Virginia Code § 40.1-27.3, retaliation for filing a workers' compensation claim under Virginia Code § 65.2-308, and breach of an express written employment contract. Virginia courts also recognize a narrow common-law claim when a firing clearly contravenes a well-established Virginia public policy.
What is the Virginia Human Rights Act?
The Virginia Human Rights Act, codified at Virginia Code § 2.2-3900 et seq., prohibits employment discrimination based on race, color, religion, sex, sexual orientation, gender identity, marital status, pregnancy, age, military status, disability, and national or ethnic origin. It applies to employers with 15 or more employees for most claims and gives workers the right to file a complaint with the Virginia Office of Civil Rights and, if the matter is unresolved, to sue in circuit court.
How long do I have to file a discrimination claim in Virginia?
You must file a written complaint with the Virginia Office of Civil Rights within 300 days of the discriminatory act under Virginia Code § 2.2-3907. If you are pursuing a federal claim, you also have 300 days to file a charge with the Equal Employment Opportunity Commission — Virginia is a 'deferral state,' which extends the federal deadline from 180 to 300 days. After you receive a right-to-sue notice from either agency, you have only 90 days to file a lawsuit in court.
What happens if I was fired for reporting my employer's illegal activity?
Virginia Code § 40.1-27.3 prohibits employers from firing or retaliating against any employee who in good faith reports a violation of federal or state law to a supervisor or a government body. If you work for a state or local government agency, the Fraud and Abuse Whistle Blower Protection Act (Virginia Code § 2.2-3010 et seq.) provides additional protections. Both statutes allow you to sue for reinstatement, back pay, and attorney's fees, though the time limits to file suit differ.
Do I have to go through an agency before filing a wrongful termination lawsuit?
It depends on the type of claim. Discrimination claims under the Virginia Human Rights Act and federal laws such as Title VII of the Civil Rights Act of 1964 require you to first file with an agency and receive a right-to-sue notice. Whistleblower retaliation claims under Virginia Code § 40.1-27.3 and breach-of-contract claims can generally be filed directly in circuit court without an administrative step.
What remedies can I recover if I win a wrongful termination case?
Available remedies depend on the claim. They can include reinstatement to your former position, back pay for lost wages, front pay in lieu of reinstatement, compensatory damages for emotional distress (available against larger employers under the Virginia Human Rights Act, subject to statutory caps based on employer size), and reimbursement of attorney's fees and court costs. In limited cases involving intentional discrimination, punitive damages may also be available.
Not legal advice. State-specific statutes, deadlines and procedures are being sourced and will appear here.