Discipline and termination
State procedures
Are there state-specific laws on the procedures employers must follow with regard to discipline and grievance procedures?
Virginia’s employees have some statutory protections from discharge. For example, they cannot be discharged for a single garnishment of wages, for filing (or intending to file) worker’s compensation claims, for exercising rights under Virginia’s safety and health laws, or for excessive absences connected to a job-related injury (there are some exceptions). In addition, Virginia’s statutorily protected classes as found in the Virginia Values Act are mostly comparable to those protected under federal law such as Title VII, Americans with Disabilities Act, Age Discrimination in Employment Act, etc. and there is a common law action for wrongful discharge in Virginia.
Employers should note that Virginia has specific laws that prohibit discipline or discharge because an employee has engaged in protected activity, because of the employee’s lawful medical use of cannabis oil, because an employee has exercised certain rights in respect of their personal social media accounts. Virginia also specifically prohibits discipline or discharge of home health workers who has requested certain statutorily mandated sick leave benefits.
The governing body of Virginia’s counties, cities, and towns employing more than 15 workers are required to establish a certified grievance procedure for employee disputes.
At-will or notice
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