Thursday, July 24, 2014

What can employers NOT fire you for?

In Virginia, employment is "at-will".  But what exactly does that mean?  It means employers can terminate you for just about any reason or no reason at all.  There are, however, a few exceptions to this rule.  So what exactly are the reasons that employers cannot use to fire you?  Here's a list of a few of those reasons:

1) Age - you cannot be fired because you are a certain age (typically, these cases involve older employees rather than younger employees)
2) Gender - you cannot be fired because you are a woman or because you are a man (this typically extends to things that occur because of your gender such as pregnancy)
3) Race/National Origin - you cannot be fired because you are of a certain race or national origin
4) Disability - you cannot be fired because you have a disability
5) Religion - you cannot be fired because of your religion or your religion practices

On top of these reasons, you cannot be fired in retaliation for opposing firings or discrimination based on the above listed categories.  For example, if you participate in a co-worker's discrimination case in support of the co-worker, your company cannot fire you for doing so.

These cases are very fact intensive and there may be other limitations on your company terminating you that are not listed above.  If you believe you have been discriminated against or wrongfully terminated, it is best to contact an attorney to discuss your situation.  If you would like a consultation, please contact us at (804) 447-0146 or clbaudean@baudeanlaw.com.