Virginia is 'at-will.' Can my employer fire me for any reason?

At-will employment in Virginia means either party can end the relationship without cause — but several significant exceptions prohibit termination for specific reasons. You cannot be terminated for: (1) Discriminatory reasons under the Virginia Values Act (2020): race, color, religion, national origin, sex, pregnancy, age (18+), disability, sexual orientation, gender identity, marital status, or veteran status — applicable to employers with 5+ employees; (2) Federal anti-discrimination law (Title VII, ADA, ADEA — 15+ employees for Title VII/ADA, 20+ for ADEA); (3) Virginia's public policy exception — Virginia recognizes a narrow wrongful discharge tort for terminations that violate clearly defined public policies, such as terminating an employee who reported a workplace safety violation in good faith, who exercised FMLA rights, or who served on jury duty; (4) Retaliation for filing a workers' compensation claim (Code § 65.2-308 specifically prohibits firing employees in retaliation for claiming workers' comp benefits); (5) Contract violations — if you have an employment contract (written or, in very limited circumstances, implied) providing job security, termination contrary to contract terms is actionable. The at-will presumption is rebuttable only by clear contract language — Virginia courts held in Lockhart v. Commonwealth Education Systems Corp. (1994) that an employee handbook or policy manual does not automatically create a contract unless it contains explicit contract language and is accepted as such. For employees without a written contract, the at-will doctrine is the default and exceptions are limited.

I was discriminated against at work in Virginia. Do I file with the EEOC or VHRA?

You have a choice — and you can pursue both concurrently. The Virginia Values Act (effective July 2020) amended the VHRA (Code § 2.2-3900 et seq.) to create a private right of action in Virginia Circuit Court for employment discrimination. Under the VHRA: file a charge with the Division of Human Rights (DHR); upon receiving a right-to-sue letter (DHR must be given a chance to investigate), you can sue in Circuit Court within 300 days of the discriminatory act; no minimum employee threshold applies to the Virginia Division of Human Rights process, though the private right of action requires 5+ employees. Alternatively, file with the EEOC (covers federal anti-discrimination law — Title VII, ADA, ADEA): you must file within 300 days of the discriminatory act if in a state with a Fair Employment Practice Agency (Virginia's DHR qualifies), or within 180 days otherwise. The EEOC and DHR have a work-sharing agreement, so filing with one automatically cross-files with the other. Which path is better? VHRA Circuit Court actions allow Virginia-specific remedies including punitive damages up to $350,000. Federal courts have different damages structures. Many Virginia attorneys pursue both simultaneously. If your employer has fewer than 15 employees: federal Title VII doesn't apply, but VHRA covers employers with 5+ employees, making the state claim your primary option.

Can my Virginia employer enforce a non-compete against me?

It depends on your income level and the agreement's terms. Effective July 1, 2020: if you earn at or below Virginia's average weekly wage (approximately $1,290/week / $67,000 annually, updated annually by the Virginia Employment Commission), your non-compete is void and unenforceable as a matter of law under Code § 40.1-28.7:7. If your employer attempts to enforce it, you can seek a court declaration that it is void, and you are entitled to attorney's fees and civil penalties may apply. For employees earning above the threshold: Virginia applies a common law reasonableness standard — Virginia courts, confirmed in Home Paramount Pest Control Companies v. Shaffer (282 Va. 412, 2011), disfavor non-competes as restraints on trade and construe them strictly against the employer. Courts examine: (1) Duration — Virginia courts have struck down non-competes exceeding 2 years in most circumstances; shorter periods (6-12 months) are more likely upheld; (2) Geographic scope — must be no broader than necessary to protect a legitimate business interest; (3) Scope of activity restricted — must be limited to work actually competitive with the employer, not broad prohibitions on working in an entire industry. Virginia will not 'blue-pencil' (rewrite) an overbroad non-compete to make it enforceable — if it's overbroad, Virginia courts strike it entirely. Practical advice: consult a Virginia employment attorney before accepting a new job if you have a non-compete — your former employer's ability to enjoin you from starting a new position can be devastating even if the non-compete is ultimately unenforceable.

I was injured at work in Virginia. Can I sue my employer?

Almost certainly not in tort — Virginia's Workers' Compensation Act (Code § 65.2-300 et seq.) provides the exclusive remedy for most work injuries, completely displacing common law tort claims against your employer. Even if your employer was clearly negligent in causing your injury, you cannot sue them for negligence — your remedy is workers' compensation benefits. Virginia workers' comp provides: medical treatment for the work-related injury or illness (no time limit as long as treatment is authorized and necessary); temporary total disability (TTD) benefits equal to 2/3 of your average weekly wage up to the state maximum (approximately $1,267/week as of 2025); permanent partial disability (PPD) benefits based on an impairment rating by an authorized physician; permanent total disability in cases of catastrophic injury. Filing: notify your employer of the injury immediately (formally, in writing); your employer must report the injury to the Workers' Compensation Commission within 10 days; file a claim with the WCC within 2 years of the injury. Exceptions where tort suits against the employer are permitted despite workers' comp: (1) the employer intentionally injured you (not mere recklessness — deliberate intent required); (2) the injury was caused by a third party (a non-employer) — you can sue the third party in tort and collect workers' comp simultaneously; (3) the employer failed to carry workers' comp insurance when required — you can sue in tort and the uninsured employer has no workers' comp defense. Virginia's 'going and coming' rule: injuries during normal commute to/from work are generally not compensable — the 'special errand' exception applies where the commute served an employer purpose.

I am pregnant. What employment protections does Virginia law provide?

Virginia provides comprehensive pregnancy protections through multiple laws. Virginia Values Act (Code § 2.2-3900 et seq., effective 2020): prohibits employment discrimination based on sex, pregnancy, childbirth, and related medical conditions for employers with 5+ employees. This covers: hiring, firing, promotion, pay, and all terms of employment. Pregnancy Accommodation (Code § 2.2-3905): Virginia employers with 5+ employees must provide reasonable accommodations for pregnancy, childbirth, lactation, and related conditions unless it causes undue hardship. Accommodations may include: more frequent bathroom breaks; modified duty; temporary transfer; leave beyond FMLA. Lactation accommodation: Virginia law (Code § 40.1-28.9) requires employers to provide reasonable break time and a private space (not a bathroom) for employees to express breast milk, for up to one year after the child's birth. FMLA (federal, 50+ employees): 12 weeks of unpaid, job-protected leave for childbirth, adoption, or serious health condition — applies to Virginia employers with 50+ employees. Virginia employees at smaller employers have VHRA pregnancy accommodation rights even when federal FMLA doesn't apply. Practical combination: a Virginia employee at a 10-person company does not qualify for FMLA (requires 50+ employees) but is protected under the VHRA and pregnancy accommodation statute — she can request accommodation (modified duty, temporary schedule adjustment) and the employer must engage in an interactive process to find a reasonable accommodation unless it causes undue hardship.

Employment Laws in Virginia (2026)

Virginia's employment law landscape changed dramatically in 2020. Before July 1, 2020, the Virginia Human Rights Act (VHRA) had limited protections and the Commonwealth was among the most restrictive states for employee claims. The Virginia Values Act — a comprehensive overhaul signed into law in April 2020 — fundamentally reshaped workplace rights by adding protected categories, dramatically lowering employee thresholds, and expanding available remedies. Virginia employers and employees operating under pre-2020 assumptions about what is and isn't actionable under Virginia law may be significantly wrong.

Virginia remains an at-will employment state under common law: absent a contract providing otherwise, either party may terminate the employment relationship for any reason or no reason, at any time, without notice. The Virginia Supreme Court confirmed this foundational principle in Lockhart v. Commonwealth Education Systems Corp., 247 Va. 98, 439 S.E.2d 328 (1994), and has consistently applied it. However, the at-will doctrine does not permit termination for reasons that violate Virginia or federal anti-discrimination law, public policy exceptions, or specific statutory protections — and those statutory protections expanded significantly in 2020.

Virginia Values Act: Major 2020 Changes to the VHRA

Effective July 1, 2020, the Virginia Values Act amended the VHRA (Code of Virginia § 2.2-3900 et seq.) in several critical ways:

Expanded protected classes: The VHRA now prohibits discrimination based on race, color, religion, national origin, sex, pregnancy, childbirth and related conditions, age (18+), marital status, disability, sexual orientation, gender identity, and status as a veteran. The addition of sexual orientation and gender identity was the most significant expansion — Virginia had no statewide LGBTQ+ employment protection before 2020.

Lowered employee threshold: Prior law exempted small employers from VHRA coverage entirely. The Virginia Values Act lowered the threshold to 5 or more employees for most VHRA claims — meaning the vast majority of Virginia employers are now covered. (Certain provisions apply to employers with 6+ employees for disability claims.) The federal Title VII threshold remains 15 employees, making the VHRA more protective for employees of small businesses in Virginia.

Private right of action: The Virginia Values Act created a direct private right of action in Circuit Court for VHRA violations. Previously, state enforcement was primarily through the Division of Human Rights. Employees can now sue directly in Virginia state court (or continue to pursue federal EEOC/Title VII claims). Remedies include: compensatory damages (back pay, front pay, lost benefits, emotional distress); punitive damages up to $350,000 for malice or reckless disregard; attorney's fees and costs.

Virginia Non-Compete Law: 2020 Restrictions on Low-Wage Workers

Virginia enacted Code of Virginia § 40.1-28.7:7 in 2020, prohibiting non-competition agreements with "low-wage employees" — defined as employees earning wages at or below the average weekly wage for Virginia (approximately $1,290/week as of recent Virginia Employment Commission data, equivalent to roughly $67,000 annually). For employees earning above this threshold, non-competes remain enforceable under Virginia common law standards of reasonableness: a Virginia non-compete agreement must be reasonable in scope (type of work restricted), duration (courts have invalidated agreements exceeding 2 years in most circumstances), and geographic area. In Home Paramount Pest Control Companies v. Shaffer, 282 Va. 412, 718 S.E.2d 762 (2011), the Virginia Supreme Court struck down an overbroad non-compete and reaffirmed that such agreements are disfavored restraints on trade and construed strictly against the employer. For low-wage workers: non-competes are void and unenforceable as a matter of law under § 40.1-28.7:7, and employers who attempt to enforce them face civil penalties and attorney's fee exposure.

Virginia Workers' Compensation

Virginia's Workers' Compensation Act (Code § 65.2-100 et seq.) provides the exclusive remedy for workplace injuries — injured workers generally cannot sue their employers in tort, only through workers' comp. Employers with 3 or more regular employees must carry workers' comp insurance (Code § 65.2-300). Virginia workers' comp covers: medical expenses for work-related injuries; temporary total disability (2/3 of average weekly wage, up to the state maximum of approximately $1,267/week as of 2025); permanent partial or total disability based on impairment ratings. Virginia's workers' comp system is administered by the Workers' Compensation Commission, with appeals to the Court of Appeals and Virginia Supreme Court on legal issues.

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