What is wrongful termination in Virginia?

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Accepted Answer

Virginia has been transformed in recent years from a strictly employer-friendly state to one with substantially expanded employee protections under the 2020 Virginia Values Act.

1. Bowman Public Policy Exception

Bowman v. State Bank of Keysville, 229 Va. 534 (1985), recognized a narrow exception when termination violates an explicit Virginia statutory public policy. Subsequent cases have limited Bowman to situations where:

The termination violates a public policy explicitly expressed in a statute, AND

The statute was designed to protect the property rights, personal freedoms, health, safety, or welfare of the people in general, AND

The plaintiff falls within the class the statute was designed to protect.

2. Virginia Human Rights Act — Va. Code § 2.2-3905 (Virginia Values Act)

Effective July 1, 2020, the VHRA was dramatically expanded. Now prohibits discrimination based on race, color, religion, sex, sexual orientation, gender identity, marital status, pregnancy/childbirth, age (40+), military status, disability, national origin. Lowered the employee threshold:

15+ employees for full protection.

5+ employees for unlawful discharge claims (and 1+ for sex-based claims).

Plaintiffs may now file directly in court after exhausting at the Virginia Office of Civil Rights — and recover uncapped compensatory and punitive damages plus attorney's fees.

3. Virginia Whistleblower Protection Law — Va. Code § 40.1-27.3

Enacted 2020. Prohibits retaliation against employees who:

Report violations of federal, state, or local law to a supervisor or government body;

Are requested by a court or government body to participate in an investigation;

Refuse to engage in criminal activity;

Refuse an employer order requiring violation of law.

Damages: reinstatement, lost wages, attorney's fees. 1-year SOL.

4. Workers' Comp Retaliation — Va. Code § 65.2-308

Prohibits retaliation for filing comp claim. 2-year SOL.

5. Domestic Service Workers / Domestic Worker Bill of Rights

Effective 2024 — adds protections for domestic workers.

6. WARN Act

Federal WARN applies; no state WARN.

7. Statute of Limitations

Bowman tort: 2 years (Va. Code § 8.01-243).

VHRA: 300 days to file with VAOCR (then 90 days after letter).

Whistleblower: 1 year.

This is legal information, not legal advice.