Legal Question in Employment Law in Virginia

Maternity

We have an employee who said they are going out 9/17 on maternity and would not be back to work full time but might come back part-time. Now she is asking if she can work part-time past 9/17 and possibly come back full time after the maternity. We need to hire a full time employee to replace her and will not be able to hire her full time after the maternity. We only have three employees. Are there any laws we need to concerned about if we tell her she cannot work past 9/17 and cannot return after maternity?


Asked on 9/08/07, 1:59 pm

1 Answer from Attorneys
Michael Hendrickson Law Office Michael E. Hendrickson

Re: Maternity

The Commonwealth of Virginia is a so-called employment at will jurisdiction,

meaning that, assuming you have no contract of employment with this employee which may protect her from summary dismissal and that your reason for terminating her would not be based on one or more of the protected categories of federal anti-discrimination law, e.g. race, sex ethnicity, age, etc., then you should be able to "pink slip" her any time you wish without concern for any possible legally adverse repercussions.

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Answered on 9/08/07, 4:57 pm


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