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Wrongful Termination in Virginia

Reviewed by DocDraft Legal Team - Virginia - Last updated November 12, 2026

Wrongful termination in Virginia includes retaliation that Va. Code 40.1-27.3 bars, such as firing an employee for reporting, in good faith, a violation of law to a supervisor, a governmental body or a law-enforcement official, or refusing to commit a crime, with a civil action due within one year of the retaliatory action. Virginia Human Rights Act complaints go to the Office of Civil Rights of the Department of Law no later than two years from the day the alleged discriminatory practice occurred, against employers of 5 or more employees for each working day in each of 20 or more calendar weeks in the current or preceding calendar year. A lawsuit may follow only within 90 days of receiving a notice of the right to file a civil action. Final wages are due on or before the date you would have been paid.

Find out where you stand in Virginia

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What counts as wrongful termination in Virginia?

A firing in Virginia is wrongful when it breaks a law or a contract. Va. Code 40.1-27.3 bars firing an employee for reporting, in good faith, a violation of law to a supervisor, a governmental body or a law-enforcement official, or for refusing an unlawful order after telling the employer why. The Human Rights Act bars discrimination.

Where do you file a discrimination complaint in Virginia, and by when?

File with the Office of Civil Rights within two years from the day of the practice, if your employer has 5 or more employees for each working day in each of 20 or more calendar weeks in the current or preceding calendar year. EEOC charges (15+ employees, 20+ for age) are due within 300 days from the date of harm.

How long do you have to sue for wrongful termination in Virginia?

A Virginia Human Rights Act civil action may be filed only within 90 days of receiving a notice of the right to file a civil action. The Office must issue the notice on written request once 180 days have passed from the date the complaint was filed. A 40.1-27.3 retaliation suit has one year from the retaliatory action.

When is your final paycheck due after being fired in Virginia?

When employment is terminated, the wages due must be paid on or before the date on which the employee would have been paid for that work had employment not been terminated (Va. Code 40.1-29(B)). If it is late, put your request in writing and keep a copy.

Virginia wrongful termination rules

Virginia pairs a long agency window with a short lawsuit window. Virginia Human Rights Act complaints go to the Office of Civil Rights of the Department of Law no later than two years from the day the alleged discriminatory practice occurred, and the act covers employers of 5 or more employees for each working day in each of 20 or more calendar weeks in the current or preceding calendar year. A civil action may be filed only within 90 days of receiving a notice of the right to file a civil action, which the Office must issue on written request once 180 days have passed from the date the complaint was filed. Retaliation has its own statute: Va. Code 40.1-27.3 bars firing an employee for reporting, in good faith, a violation of law to a supervisor, a governmental body or a law-enforcement official, refusing to commit a crime, or refusing an unlawful order after telling the employer why, with a civil action due within one year. Final wages are due on or before the date the employee would have been paid.

Relevant Laws

Va. Code 2.2-3907 (complaint deadline)

A complaint must be filed no later than two years from the day the alleged practice occurred.

Va. Code 2.2-3908 (civil action)

A civil action may only be filed within 90 days of receipt of a notice of the right to file a civil action.

Va. Code 40.1-27.3 (retaliation)

A civil action may be brought within one year of the employer's prohibited retaliatory action.

Va. Code 40.1-29 (final wages)

Wages are due on or before the date the employee would have been paid had employment not been terminated.

Regional Variances

Virginia wrongful termination rules

State agency and law

Office of Civil Rights, Virginia Department of Law; Virginia Human Rights Act, Va. Code 2.2-3900 and following.

Agency filing deadline

No later than two years from the day the alleged discriminatory practice occurred (Va. Code 2.2-3907).

EEOC charge deadline

300 days from the date of harm (EEOC Richmond office), for employers with 15 or more employees, or 20 or more for age.

Employer size covered

5 or more employees for each working day in each of 20 or more calendar weeks in the current or preceding calendar year (Va. Code 2.2-3905).

Whistleblower and retaliation law

Va. Code 40.1-27.3: civil action within one year of the retaliatory action.

Deadline to sue

Within 90 days of receiving the notice of right to file a civil action (Va. Code 2.2-3908).

Final paycheck

On or before the date the employee would have been paid had employment not been terminated (Va. Code 40.1-29(B)).

Suggested Compliance Checklist

Request your final pay in writing

If unpaid by your regular pay date days after starting

Virginia requires final wages on or before your regular pay date. If they are late, send a written request for the exact amount owed.

Document: final-paycheck-demand-letter

Save records and write a timeline

Within days of the firing days after starting

Keep the termination notice, messages, pay stubs and a dated timeline, with witness names.

File with the Office of Civil Rights

2 years (state); 300 days (EEOC) days after starting

For employers of 5 or more, file no later than two years from the day of the practice. An EEOC charge (15 or more employees, 20 or more for age) is due within 300 days.

Sue within 90 days of the notice

90 days after receipt days after starting

After the notice of right to file a civil action arrives, file within 90 days of receipt.

Send a demand letter or review a settlement

Before signing any release days after starting

A demand letter sets out your claim and what you want. Review any settlement agreement before signing; attorney review is available.

Document: demand-letter

Frequently Asked Questions

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