Wrongful Termination filing deadline

[mcdo]

What is the name of your state (only U.S. law)? Virginia

Is there a deadline for filing a wrongful termination lawsuit?

Date of incident: March 10, 2015

 

[commentator]

What is the name of your state (only U.S. law)? Virginia

Is there a deadline for filing a wrongful termination lawsuit?

Date of incident: March 10, 2015

Posting h/x

 

[adjusterjack]

Probably two years.

If the lawsuit will be based on a breach of a written contract it's 5 years, oral contract 3 years. See 8.01-246:

http://law.lis.virginia.gov/vacode/title8.01/chapter4/section8.01-246/

If it's not a contract issue and it's not specified under Article 3:

http://law.lis.virginia.gov/vacode/title8.01/chapter4/

Then it likely falls under 8.01-248 - two years:

http://law.lis.virginia.gov/vacode/title8.01/chapter4/section8.01-248/

 

[cbg]

There is more than one kind of wrongful termination and how long you have to file a claim depends on what kind you think you have.

 

[FlyingRon]

Probably two years.

If the lawsuit will be based on a breach of a written contract it's 5 years, oral contract 3 years. See 8.01-246:

And note, absent an written contract, there's likely no cause of action in Virginia. Virginia case law doesn't recognize an implicit employment contract.
In fact, as hard as it is to show a "wrongful" termination anywhere, it's harder in Virginia as the commonwealth doesn't recognize most of the exceptions to the at-will doctine that apply in other states. There has to be a specific public policy violation (the discrimination against a protected class or the boss demanding you do something illegal).

 

[cbg]

If the allegedly wrongful termination in this case falls under the jurisdiction of the EEOC/VA state equivalent, he's almost a year too late.