Va. Code Ann. § 65.2-308

Discharge of employee for exercising rights prohibited; civil action; relief

Applied in 12 court decisions — leading case 149 F. Supp. 2d 246 - Warner v. Buck Creek Nursery, Inc. (2001)

Most recently applied in 601 F. Supp. 2d 173 - Askew v. Meridian Imaging Solutions, Inc. (March 2009)

1982, c. 327, § 65.1-40.1; 1986, c. 259; 1991, c. 355.

How often courts cite this section

citing decisions per year

Court decisions citing this, by year. The dip in the last several years is a data-coverage gap, not a real trend — our corpus holds fewer opinions from the most recent years, so recent citations are undercounted.

A. No employer or person shall discharge an employee solely because the employee intends to file or has filed a claim under this title or has testified or is about to testify in any proceeding under this title. The discharge of a person who has filed a fraudulent claim is not a violation of this section.

B. The employee may bring an action in a circuit court having jurisdiction over the employer or person who allegedly discharged the employee in violation of this section. The court shall have jurisdiction, for cause shown, to restrain violations and order appropriate relief, including actual damages and attorney's fees to successful claimants and the rehiring or reinstatement of the employee, with back pay plus interest at the judgment rate as provided in § 6.2-302.

Official source: Virginia Law Portal (LIS). Reproduced from public-domain Virginia statutes; confirm against the official source for the current text. Not legal advice.