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Frequently Asked Questions: Labor & Employment Law
- If an employee believes he has been terminated unfairly, does
he have a legal right to challenge the termination?
Virginia is an employment-at-will state; this means the employer may
terminate any employee at any time, for any reason, or for no reason.
As a general rule, therefore, the employee has no right to challenge
the termination. There are a few very limited exceptions. For example,
an employee may not be discriminated against or terminated because he
has filed a safety complaint or exercised his rights under OSHA law.
Virginia
Code § 40.1-51.2:1. Also, federal law protects employees from
discrimination because of age, race, sex, religion, national origin
or handicap.
- Who handles discrimination questions?
If the employee believes he has been discriminated against because
of his age, race, sex, religion, national origin or disability, he
may be protected by federal discrimination laws, and a complaint may
be filed with 1) the Virginia
Council on Human Rights, Suite 1202, Washington Building, 1100
Bank Street, Richmond, Virginia 23219, phone (804) 225-2292; or the
federal Equal Employment Opportunity
Commission, 830 E. Main Street, Suite 600, Richmond, Virginia
23219; phone (804) 771-2200.
- Does an employer have to provide employees breaks or a meal period?
No, unless the employee is under the age of 16.
- Are there any restrictions as to how many hours an employee can
be required to work or when he may work?
No, not after an employee attains his 16th birthday.
- Who handles unemployment compensation questions?
The Virginia Employment Commission;
contact the closest field office. These offices can be located here.
- Who handles workers' compensation questions?
The Virginia Workers' Compensation
Commission; contact the closest regional office, or the Richmond
Central office, 1000 DMV Drive, Richmond, Virginia 23220, toll free 1-877-664-2566.
- Who handles overtime issues?
The United States Department of
Labor; Wage and Hour Division, 400 North 8th Street, Richmond, Virginia,
23240, phone (804) 771-2995.
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