Wrongful Termination in Virginia (2026): Laws, Deadlines, How to File

Virginia is an at-will state: without a fixed term of employment, the law presumes either side can end the job (Miller v. SEVAMP, Inc., 234 Va. 462 (1987)). A firing is wrongful only when it breaks a specific law, a contract term, or the narrow public-policy exception the Supreme Court of Virginia recognized in Bowman v. State Bank of Keysville. The main state statute is the Virginia Human Rights Act (VHRA), which makes it unlawful to "discharge, or otherwise discriminate against any individual" because of a protected characteristic (Va. Code 2.2-3905(B)(1)(a)).

As the Code now reads, two numbers matter most: the Act reaches employers with five or more employees, and a complaint with the state's Office of Civil Rights can be filed up to two years after the discriminatory practice. Both appear in sections amended in 2026. To compare other states, see our guide to wrongful termination laws by state.

Information last verified on October 10, 2026. This article has not been reviewed by a licensed lawyer.

Jurisdiction scope: This article covers Virginia law on firing employees: the Virginia Human Rights Act (Va. Code 2.2-3900 to 2.2-3909), the Bowman public-policy claim, contract claims, and narrower Virginia protections such as Va. Code 40.1-27.3 (whistleblowers), 65.2-308 (workers' compensation) and 18.2-465.1 (jury duty), with short notes on the federal laws that also apply. The federal rules in full are on our wrongful termination laws by state guide. It does not cover severance agreements; see Virginia severance pay laws.

Is Virginia an at-will state?

Yes. In Miller v. SEVAMP, the Supreme Court of Virginia applied the presumption that employment with no fixed term is at will. The presumption can be rebutted, but in Miller a personnel manual saying an employee "may be dismissed at the discretion of the Executive Director" pointed the other way. For how the doctrine works day to day, see Virginia at-will employment laws.

Discrimination under the Virginia Human Rights Act

Va. Code 2.2-3905(B)(1)(a) makes it an unlawful employment practice for an employer to "Fail or refuse to hire, discharge, or otherwise discriminate against any individual ... because of such individual's race, color, religion, sex, sexual orientation, gender identity, marital status, pregnancy, childbirth or related medical conditions including lactation, age, military status, disability, or ethnic or national origin."

Definitions that widen the list. Under Va. Code 2.2-3901, "race" includes hair texture and protective hairstyles, "religion" includes outward expression such as religious dress and grooming, and "military status" covers members of the uniformed forces and reserves, veterans, and their dependents. "Age" in 2.2-3905(A) means at least 40.

Federal overlap on sexual orientation and gender identity. The VHRA lists both. Federal Title VII also covers them at employers with 15 or more employees: in Bostock v. Clayton County, 590 U.S. 644 (2020), the U.S. Supreme Court held that firing someone for being gay or transgender is sex discrimination under Title VII: "An employer who fires an individual merely for being gay or transgender defies the law." The EEOC charge deadline for Virginia is in the federal section below.

Federal violations count too. Va. Code 2.2-3902 treats conduct that violates any Virginia or federal statute governing discrimination as an unlawful discriminatory practice under the chapter.

Retaliation. Va. Code 2.2-3905(B)(7) bars retaliation for opposing a practice the chapter makes unlawful, or for taking part in a charge, investigation or proceeding under it. Because age, disability, pregnancy and military status sit in the same list, the same retaliation rule protects people who complain about those forms of discrimination.

Which employers are covered

As the official Code of Virginia read on October 10, 2026, an "employer" is "a person employing (i) five or more employees for each working day in each of 20 or more calendar weeks in the current or preceding calendar year, and any agent of such a person, or (ii) one or more domestic workers" (Va. Code 2.2-3905(A)). The section's history line credits its latest wording to Acts 2026, c. 950. Laws passed at a regular session take effect "on the first day of July following the adjournment of the session," unless the General Assembly sets an earlier date for an emergency or the bill or general law specifies a later one (Va. Const. art. IV, s. 13), so by default this wording applies from July 1, 2026; our research could not open the chaptered act to check whether it sets a different date. Va. Code 1-239 says a new act does not affect "any right accrued, or claim arising before the new act of the General Assembly takes effect." If you were fired before July 1, 2026, the earlier version of the Act, with a different employer threshold, may govern; ask the Office of Civil Rights or a lawyer which version applies.

Two related sections word their thresholds differently. The disability reasonable-accommodation section, 2.2-3905.1, defines an employer as one with "more than five employees," while the pregnancy-accommodation section, 2.2-3909, uses "five or more." A discriminatory firing itself is judged under 2.2-3905.

Pregnancy accommodation claims

Va. Code 2.2-3909 requires reasonable accommodation for pregnancy, childbirth and related conditions. Its own deadline differs from the general one: under 2.2-3909(E), suit must be brought within two years of the denial, or within 90 days after the Office of Civil Rights or a local agency makes a final disposition, if a complaint was filed with it within two years.

Filing a complaint with the Office of Civil Rights

Which agency. The Office of Civil Rights (OCR) in the Office of the Attorney General receives complaints of discrimination in employment. Its page says "All complaints must be verified by signature and supported by a declaration in writing under penalty of perjury," and offers an online complaint form and a paper form.

Deadline: two years. Va. Code 2.2-3907(A) says a complaint under the chapter, or under "federal statutes governing discrimination in employment that also falls under the jurisdiction of this chapter," "shall be filed with the Office no later than two years from the day upon which the alleged discriminatory practice occurred." The section's history line ends "2026, cc. 950, 1119." Under the constitutional default described above, those changes took effect July 1, 2026, and Va. Code 1-239 keeps a new act from affecting a claim that arose before it took effect. If you were fired before July 1, 2026, the complaint period in the earlier version of the Act may apply instead; our research could not open that earlier text, so file as early as you can and confirm with the Office of Civil Rights which period governs. Some EEOC office pages still list a shorter state-agency period for Virginia; the Code's current text is the figure on this page.

The complaint is the gateway to court. Va. Code 2.2-3908(A)(2) allows a VHRA lawsuit only after you receive a notice of your right to file a civil action from OCR or the EEOC, or after 180 days have passed since a complaint was filed with OCR or a local human rights commission without a notice. It adds: "Any person may file an action that is not dual-filed after 180 days have passed since the complaint was filed with the Office of Civil Rights." There is no path to a VHRA lawsuit that skips the complaint.

Asking for the right-to-sue notice. Under 2.2-3907(H), on written request OCR must issue a right-to-sue notice once 180 days have passed, or sooner if it will not finish within 180 days. If OCR fails to issue one, "the complainant may commence a timely civil action as provided in 2.2-3908." Under 2.2-3907(I), courts accept an EEOC Notice of Right to Sue as the notice, so a federal EEOC charge can also open the door to the state claim.

Suing under the Virginia Human Rights Act

The 90-day window. "Any such civil action may only be filed, if at all, within 90 days of the complainant's receipt of a notice of his right to file a civil action pursuant to 2.2-3907" (Va. Code 2.2-3908(A)(1)). OCR's notice warns that the charge "will be dismissed with prejudice and with no right to further proceed if a written complaint is not timely filed with the appropriate general district or circuit court" (2.2-3907(B)).

What a court can award. If the court or jury finds unlawful discrimination, it "may award to the plaintiff, as the prevailing party, compensatory and punitive damages and the court may award reasonable attorney fees and costs and may grant as relief any permanent or temporary injunction, temporary restraining order, or other order, including an order enjoining the defendant from engaging in such practice, or order such affirmative action as may be appropriate" (Va. Code 2.2-3908(B)). The section sets no cap on compensatory damages.

The punitive cap. Virginia's general punitive-damages statute says: "In no event shall the total amount awarded for punitive damages exceed $350,000" (Va. Code 8.01-38.1). The statute applies by its general terms; our research did not read a VHRA case applying it.

Attorney General suits. In a suit the Attorney General brings over a pattern or practice of resistance to the Act's rights, or a denial of those rights that raises an issue of general public importance, a court may impose civil penalties of up to $50,000 for a first violation and $100,000 for later ones (Va. Code 2.2-3906(B)(2)). This page cannot estimate what any claim is worth.

Federal discrimination charges in Virginia

Four EEOC offices name Virginia on their timeliness pages, and they agree. The Richmond Local Office says that "In the State of Virginia, an individual has 300 days from the date of alleged harm to file a charge with this office against an employer with 15 or more employees for discrimination based on race, color, national origin, sex, religion, and/or disability," and 300 days for age discrimination against "a private, city or county employer with 20 or more employees." The Norfolk Local Office says the same, and the Charlotte District Office gives 300 days for both. The Washington Field Office gives 300 days for "the Virginia counties under this office's jurisdiction," except that charges against the Washington Metropolitan Area Transit Authority and the Metropolitan Washington Airports Authority must be filed within 180 days.

For smaller employers (under 15, or under 20 for age), those pages direct charges to the state or local agency within the time limits set by state or local law. Under the current Code, the state period for practices on or after July 1, 2026 is the two years in 2.2-3907(A); for an earlier firing, see the effective-date note above.

After an EEOC Notice of Right to Sue, a federal lawsuit must be filed within 90 days (42 U.S.C. 2000e-5(f)(1)). Federal Title VII and ADA compensatory and punitive damages are capped at $50,000 to $300,000 depending on employer size (42 U.S.C. 1981a(b)(3)); the wrongful termination guide has the federal details.

The Bowman public-policy exception

Virginia recognizes a common-law claim for wrongful discharge in violation of public policy, but keeps it narrow. In Bowman v. State Bank of Keysville, 229 Va. 534, 331 S.E.2d 797 (1985), applying "a narrow exception to the employment-at-will rule," the court held that bank employees who were also stockholders, and who were fired for refusing to vote their shares as management directed, stated a claim: a statute gave them the right to vote free of duress, and the employer could not use the threat of discharge to control that right.

In Rowan v. Tractor Supply Co., 263 Va. 209 (2002), the court reaffirmed that the exception is narrow and that a firing contrary to the policy behind a statute "does not automatically give rise to a common law cause of action." It identified three situations recognized so far:

• Exercising a statutory right: the employer fires someone to stop them from exercising a right a statute gives them (the Bowman facts).
• Member of the protected class: the policy is explicitly expressed in a statute and the employee is a member of the class the statute protects.
• Refusing to commit a crime: the employee is fired for refusing to engage in a criminal act (citing Mitchem v. Counts, 259 Va. 179 (2000)).

In Rowan itself, the court refused a claim built on the obstruction-of-justice statute by an employee who was a witness in a criminal prosecution. And in Dray v. New Market Poultry Products, Inc., 258 Va. 187 (1999), the court affirmed dismissal of a quality-control inspector's claim that she was fired for reporting sanitary violations to government inspectors, because the Virginia Meat and Poultry Products Inspection Act gave her no express statutory right in specific furtherance of the state's inspection policy. The policy has to come from a statute (or the refusal to commit a crime); an employer's internal rules do not count (Miller).

Discrimination-based Bowman claims. Rowan noted earlier cases allowing wrongful-discharge claims based on the policy of the former Human Rights Act. The VHRA section that addressed such common-law claims, former 2.2-3903, was "Repealed by Acts 2020, c. 1140, cl. 2." Our research did not resolve whether a discrimination firing can still be brought as a Bowman tort instead of under the VHRA's complaint-and-90-day procedure, so get legal advice before relying on that route.

Deadline. No statute sets a deadline specific to a Bowman claim. Virginia's two general candidates both set two years: Va. Code 8.01-243(A) for "every action for personal injuries, whatever the theory of recovery," and Va. Code 8.01-248 for "Every personal action ... for which no limitation is otherwise prescribed." Our research did not find a case deciding which one governs, so plan around two years and get advice promptly.

Contracts and handbooks

Virginia recognizes contract limits on firing only narrowly: a promise that takes a job out of at-will status needs a definite term or additional consideration. In Miller v. SEVAMP, a manual reserving dismissal "at the discretion of the Executive Director" was "a clearer expression of intent to create at-will employment." The same case held that a retaliatory-discharge count resting only on rights created by the employer's internal manual, not a public policy, was properly dismissed.

The deadline for a contract claim depends on its form: five years for a written signed contract (Va. Code 8.01-246(A)(2)), and three years for an unwritten contract or a written contract that was not signed (8.01-246(A)(4)). Our research did not open a Virginia case on whether an implied covenant of good faith limits an at-will firing, so this page does not state a rule on it.

Constructive discharge

Our research did not open a Virginia state-court decision on constructive discharge (quitting because conditions were made intolerable), so this page does not state a test. If you resigned under pressure, the same deadlines above apply to any underlying claim; a lawyer can assess how Virginia courts treat the resignation.

Other Virginia firing protections

• Whistleblowing (private employers): Va. Code 40.1-27.3 bars discharging, disciplining, threatening or otherwise retaliating against an employee who reports a violation of federal or state law or regulation to a supervisor or a governmental body, is asked to take part in an investigation, refuses to engage in a criminal act, refuses an order to violate the law and says so, or gives information or testimony to a governmental body. Suit must be brought "within one year of the employer's prohibited retaliatory action," and remedies include an injunction, reinstatement, and "compensation for lost wages, benefits, and other remuneration, together with interest thereon, as well as reasonable attorney fees and costs." The text sets no employer-size limit. Public employees are covered by a separate act, the Fraud and Abuse Whistle Blower Protection Act (Va. Code 2.2-3009 and following); a public employee's suit under Va. Code 2.2-3011(D) must be brought within three years and does not require exhausting internal procedures or other administrative remedies. For more, see Virginia whistleblower laws.
• Workers' compensation: no employer may "discharge an employee solely because the employee intends to file or has filed a claim under this title or has testified" (Va. Code 65.2-308(A)); firing over a fraudulent claim is exempt. The circuit court may order "actual damages and attorney's fees to successful claimants and the rehiring or reinstatement of the employee, with back pay plus interest" (65.2-308(B)). The statute states no filing deadline; our research found no case on which period applies, so act promptly. A separate section, Va. Code 40.1-27.1, makes it an unfair employment practice to count compensable workers' compensation absences under a fixed-days discharge policy, with an exception for absences over six months; it states no private remedy. For benefits, see Virginia workers' compensation laws.
• Jury duty and court appearances: a person summoned for jury duty or subpoenaed or summoned to court "shall neither be discharged from employment, nor have any adverse personnel action taken against him" for the absence, after reasonable notice (Va. Code 18.2-465.1). A violation is a Class 3 misdemeanor; the section as read has no private damages clause.
• Crime victims: an employer "shall not dismiss an employee who is a victim of a crime because the employee exercises the right to leave work" to attend criminal proceedings, subject to an undue-hardship limit (Va. Code 40.1-28.7:2). The section as read states no remedy.
• Wage complaints and pay discussions: an employee fired for a wage complaint or proceeding may complain to the Commissioner of Labor and Industry, who with written consent may seek "reinstatement of the employee and recovering lost wages and an additional amount equal to the lost wages as liquidated damages" (Va. Code 40.1-33.2). Retaliating against an employee for discussing wages carries a civil penalty of up to $100 per violation, enforced by the Commissioner (Va. Code 40.1-28.7:9). For pay owed at separation, see Virginia final paycheck laws.
• Reporting misclassification: Va. Code 40.1-33.1 bars retaliation for reporting that workers are misclassified or taking part in an investigation; the Commissioner may seek reinstatement and lost wages.
• Genetic testing: Va. Code 40.1-28.7:1 bars requiring a genetic test as a condition of employment, and bars firing or other adverse action solely on the basis of a genetic characteristic or genetic test result. Suit must be filed within 180 days of the adverse action (40.1-28.7:1(B)), and a court may award actual or punitive damages, including back pay with interest, or an injunction.
• Medical cannabis oil: no employer may "discharge, discipline, or discriminate against an employee" for lawful use of cannabis oil under a practitioner's written certification (Va. Code 40.1-27.4). It does not protect impairment at work, does not apply to law-enforcement officers, and yields where federal law or defense-industrial-base rules conflict.
• Home health workers' paid sick leave: for home health workers who average at least 20 hours a week or 90 hours a month, no employer may "discharge, discipline, threaten, discriminate against, or penalize an employee" for requesting or using the leave or alleging a violation (Va. Code 40.1-33.6). It is not a general sick-leave law.
• Volunteer firefighters and EMS responders: an employer may not discharge or penalize an employee solely for missing work while serving as a volunteer emergency responder actively answering an emergency alarm or during a state of emergency, if the employee gave notice at least one hour before the shift and, on returning, provides the incident report and a certification from the officer in charge. Employees deemed essential by statute or contract are excluded. Suit must be brought within one year of the retaliatory action (Va. Code 40.1-27.5). The section's only history entry is Acts 2026, c. 330, so under the July 1, 2026 default effective date and Va. Code 1-239 it may not reach a firing before July 1, 2026.
• Military service: military status is a VHRA class, so a firing because of it follows the VHRA deadlines above. Federal USERRA also bars denying "retention in employment" because of service (38 U.S.C. 4311(a)). Va. Code 44-93.4 separately bars an employer in Virginia from denying retention in employment to members of the Virginia National Guard, the Virginia Defense Force or another state's National Guard because of state active duty or duty under Title 32 of the U.S. Code.
• Workplace safety complaints (VOSH): no person may discharge or discriminate against an employee for filing a safety or health complaint, testifying, or otherwise acting to exercise rights under Virginia's occupational safety and health provisions (Va. Code 40.1-51.2:1). The complaint must go to the Commissioner of Labor and Industry within 60 days of the violation, or relief under the section is lost. If conciliation fails, the Commissioner sues in circuit court, which may order reinstatement with back pay plus interest of up to 8 percent a year; if the Commissioner refuses to issue a charge, the employee may sue in circuit court (Va. Code 40.1-51.2:2).
• Local human rights ordinances: localities may enact anti-discrimination ordinances and set up local human rights commissions (Va. Code 15.2-965), and a complaint with such a commission can start the VHRA's 180-day route to court (2.2-3908(A)(2)). Fairfax County's ordinance (County Code ch. 11.1, art. 2.1) treats conduct that violates a Virginia or federal discrimination statute as an unlawful discriminatory practice, and its commission covers the county, including the Towns of Clifton, Herndon and Vienna, except complaints against governmental entities. The ordinance text states no day count; it directs the commission to dismiss a complaint that "is not timely," so confirm the period with the county office and do not let a local filing delay a state or EEOC filing.
• Topics this page does not state: our research did not locate a Virginia voting-leave protection, so this page states no rule on it. A federal OSHA retaliation complaint must be filed within 30 days of the adverse action (29 U.S.C. 660(c)(2)).

A written reason or your personnel file

Our research did not locate a Virginia statute requiring a private employer to state a reason for a firing or to let a private employee inspect a personnel file. A promise to give reasons in an employer's own manual is a private policy, not a statute.

Wrongful termination deadlines in Virginia

Where to file in Virginia

• Discrimination by an employer with five or more employees (or a domestic-worker employer): the Attorney General's Office of Civil Rights, then general district or circuit court after the notice of right to sue.
• Federal discrimination claims: the EEOC, through its Public Portal, or at 1-800-669-4000 when a deadline is near.
• Whistleblower, workers' compensation retaliation, Bowman and contract claims: court (circuit court for 65.2-308).
• Wage-complaint and misclassification retaliation: the Commissioner of Labor and Industry.

Practical steps after a firing in Virginia

Write down the date you were fired, who told you, the reason given, and any complaint, report, claim or jury summons that came before it, and keep the termination notice, reviews and the handbook. Watch the shortest clock that could apply: 60 days for a VOSH safety complaint, 180 days for a genetic-testing suit, one year for a whistleblower suit, and 300 days for an EEOC charge, even though the OCR complaint period is two years. Once a right-to-sue notice arrives, the 90-day window to file the VHRA suit is strict.

If the employer offers money in exchange for a release, read it before signing, because a release can give up the claims described here. Our Virginia severance pay laws page covers those agreements.

Recent changes

• 2026: Acts 2026, c. 950 (SB 637) appears in the history of Va. Code 2.2-3905 and 2.2-3907, and the official Code now shows the five-employee threshold and the two-year OCR complaint period. Acts 2026, c. 1119 (HB 925) amended 2.2-3907 and 2.2-3908, which now contain the 180-day right-to-sue request and the acceptance of EEOC notices. Under Va. Const. art. IV, s. 13 the default effective date for 2026 regular-session acts is July 1, 2026; our research could not open either chaptered act, so it did not confirm whether either sets a different date or what each changed from the earlier text.
• 2026: Acts 2026, c. 330 is the only history entry for Va. Code 40.1-27.5 (volunteer firefighter and EMS responders); our research did not open the chaptered act or confirm a different effective date.
• 2024: several 2024 acts appear in the history lines of 2.2-3900 to 2.2-3902, 2.2-3907 and 2.2-3908; our research did not compare them with the earlier text.
• 2020: Va. Code 40.1-27.3, the private-sector whistleblower statute, was enacted by Acts 2020, c. 1136, and has no later amendment in its history line. Former 2.2-3903 was repealed by Acts 2020, c. 1140.
• Pending bills: our research did not search for 2027 prefiled bills; the 2026 session has adjourned.

Related

• Wrongful termination laws by state
• Virginia at-will employment laws
• Virginia whistleblower laws
• Virginia workers' compensation laws
• Virginia severance pay laws

Disclaimer: This article provides general legal information about Virginia wrongful termination law (the at-will rule, the Virginia Human Rights Act, Va. Code 2.2-3900 to 2.2-3909, and related statutes such as Va. Code 40.1-27.3, 65.2-308 and 18.2-465.1) and the federal laws that apply in Virginia. It is not legal advice. The information was verified on October 10, 2026. For advice about your situation, contact the Office of Civil Rights in the Virginia Office of the Attorney General, the EEOC, a legal aid office or a lawyer licensed in Virginia.

Last updated: October 10, 2026.

Frequently Asked Questions

Is Virginia an at-will employment state?

Yes. Under Miller v. SEVAMP (1987), employment with no fixed term is presumed to be at will. A firing is wrongful only if it breaks a statute such as the Virginia Human Rights Act, a contract term, or the narrow Bowman public-policy exception.

How many employees does an employer need for the Virginia Human Rights Act to apply?

As the Code of Virginia currently reads, five or more employees in each of 20 or more calendar weeks, or one or more domestic workers (Va. Code 2.2-3905(A)). That wording took effect July 1, 2026 under Virginia's constitutional default, and the earlier rule may govern a firing before then. Federal Title VII applies at 15 or more.

What is the deadline to file a discrimination complaint in Virginia?

Va. Code 2.2-3907(A) says a complaint must be filed with the Office of Civil Rights no later than two years from the discriminatory practice. That period took effect July 1, 2026 under Virginia's constitutional default; for a firing before then the earlier period may apply, so file as early as you can. A federal EEOC charge has a separate 300-day deadline in Virginia, according to the EEOC's Richmond and Norfolk offices.

Can I sue my employer directly under the Virginia Human Rights Act?

No. You first file a complaint with the Office of Civil Rights or the EEOC, then sue within 90 days of receiving a notice of your right to sue, or after 180 days have passed without a notice (Va. Code 2.2-3908(A)).

Is there a cap on damages for wrongful termination in Virginia?

Va. Code 2.2-3908(B) allows compensatory and punitive damages with no cap on compensatory damages, and Virginia's general statute caps punitive damages at $350,000 (Va. Code 8.01-38.1). This page cannot estimate what any claim is worth.

Can I be fired in Virginia for reporting illegal activity?

Va. Code 40.1-27.3 bars retaliation against private-sector employees who report a violation of law to a supervisor or governmental body, refuse to commit a crime, or testify. Suit must be filed within one year of the retaliation.

Can I be fired for filing a workers' compensation claim in Virginia?

No. Va. Code 65.2-308 bars discharging an employee solely because the employee intends to file or has filed a claim or has testified, and lets the circuit court order reinstatement, back pay, damages and attorney's fees.

Does Virginia protect workers from being fired for sexual orientation or gender identity?

Yes. Both are listed in Va. Code 2.2-3905(B)(1)(a). Federal Title VII also covers them at employers with 15 or more employees under Bostock v. Clayton County (2020).