Perhaps no situation carries as much potential liability for an employer as the termination of an employee. In order to reduce the risk as much as possible, employers must implement procedures that require employee terminations be handled in a consistent and professional manner. As a general rule, Virginia follows the employment at will doctrine. This means the employer may discharge the employee at any time, with or without cause. The employee may also, in turn, quit his or her employment at any time, with or without notice.
There are, however, exceptions imposed by federal and state law and employment contracts (including collective bargaining agreements). Thus, it is important for the employer to keep these exceptions in mind and maintain prior, consistent documentation to support the termination should the employee later challenge the termination decision.
There are a number of circumstances that can lead employers to consider termination. Poor performance is a common problem. In that case, the employer should give notice and a reasonable time to correct the problem. The employer should offer goals for improvement and may also want to provide additional training and support to help meet the established goals. The employer should follow up with...
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