Employment law in Virginia governs the relationship between employers and employees, establishing rights, responsibilities, and protections for both parties. These laws cover various aspects of employment, from wage regulations to workplace safety, discrimination, and wrongful termination. The following are some considerations regarding employment disputes:

1. At-Will Employment – Virginia follows the at-will employment doctrine, meaning that employers can terminate employees at any time for any reason, as long as the reason is not illegal. Similarly, employees can leave their jobs at any time without notice or reason. However, this rule has exceptions:

Discrimination: Employers cannot fire an employee based on protected categories such as race, sex, disability, age, religion, or national origin.

Retaliation: Employees are protected from being fired for engaging in protected activities like reporting discrimination, filing a workers’ compensation claim, or participating in legal actions.

2. Wage and Hour Laws – Virginia’s wage payment laws are covered under Virginia Code § 40.1-29. Some of the frequent issues that come up in wage disputes are unpaid wages, severance, unpaid deferred compensation, unpaid bonuses and the like. As of 2025, the minimum wage in Virginia is $12 per hour, with plans to increase it to $15 by 2026. Under the Fair Labor Standards Act (FLSA), employees are entitled to overtime pay (1.5 times their regular rate) for hours worked over 40 in a workweek unless they are classified as exempt (e.g., salaried employees in executive or professional roles).

3. Employment Discrimination and Harassment – Virginia prohibits discrimination in the workplace based on race, color, religion, national origin, sex, disability, and other protected categories under both federal and state laws. This includes:

Sexual Harassment: Employers must ensure a workplace free of sexual harassment. This includes both quid pro quo harassment (where job benefits are conditioned on sexual favors) and hostile work environment harassment.

Equal Pay: Virginia also prohibits gender-based pay discrimination, aligning with the federal Equal Pay Act.

4. Unemployment Benefits – Virginia provides unemployment insurance benefits to workers who lose their job through no fault of their own. To qualify, employees must meet certain criteria, such as having worked a minimum amount of time and actively seeking new employment.

Virginia’s employment laws are designed to balance the rights of workers with the needs of employers. They ensure fair treatment, protect against workplace discrimination, regulate wage and hour standards, and provide for safety and workers’ compensation. Our firm can ensure employees and employers preserve their rights under state and federal laws.