Legal Question in Employment Law in Virginia

Could my situation constitute wrongful termination in the commonwealth of Virginia?

I was laid off six months ago after the non-profit organization I was employed at combined my position with another one. The person who was employed in the other position was laid off as well and the organization hired another staff member from another department for our joint position.

During my year in this position, I never received a single performance review from my manager. The only "review" he held with me was a "review" guised as a way to let me know I was being fired. In that meeting, he told me they were looking for a candidate with a Master's or Ph.D. (neither of which I have). They wound up hiring the other guy, who's my age and only has a Bachelor's as well.

I know for a fact that the guy who was hired was given monthly performance reviews by his department manager. I feel as though I was never given an "official" chance to prove my value or learn what I needed to correct through performance reviews, while the other guy was given plenty of opportunities throughout the year.

Also, if it has an bearing, my manager wound up being fired after he fired me, which wiped out all three employees in our department. I wasn't fired for any discriminatory reasons such as age, race, or sex.


Asked on 11/13/09, 2:26 pm

1 Answer from Attorneys

Michael Hendrickson Law Office Michael E. Hendrickson

In answer to your question, I would say no, not under these facts alleged in the employment at will jurisidiction known as the Commonwealth of Virginia(in my opinion).

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Answered on 11/18/09, 11:12 pm


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