Legal Question in Employment Law in Virginia

Procedures for Firing

My boyfriend was fired the other day for no reason. I understand that Virginia is an ''at will'' state and therefore, there is no real legal recourse for him. However, I was under the impression that when someone is fired, aren't they supposed to at least get the money that they are owed up to that day? And in the company's benefits handbook it states that benefits start after 60 days of employment. My boyfriend is under my health insurance, so he waived his company's insurance and was supposed to receive compensation for that, however, when he asked about that amount, the HR person said that he wouldn't have been eligible for that money until later this month (he's been with the company since January 2005). So, he's basically SOL when it comes that extra $600. This doesn't seem right to me - if you are eligible for benefits after 60 days, then shouldn't you also be eligible to receive the compensation after 60 days? Thank you for taking the time to answer.


Asked on 6/09/05, 2:16 pm

1 Answer from Attorneys

Michael Hendrickson Law Office Michael E. Hendrickson

Re: Procedures for Firing

Under applicable Virginia labor and employment laws, no private employer is required to provide

any health or other insurance benefits, nor any sick or vacation time nor compensation in lieu thereof unless there's a contract of employment which requires the payment of such benefits.

"So he's basically SOL when it comes to that extra $600", you say? Yep, I'd say you're right(assuming that there was no such contract as referenced above).

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Answered on 6/10/05, 5:47 am


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