Legal Question in Employment Law in Virginia
Termination of Job
My daughter was fired from her job at a local pub today. She was called to the job and was told that she was a felon and was fired from her job. The owner said they had video tapes and key persons at the bar listening and microphones placed in specific places listening in. She was dating a young man that was also fired. She has worked for this company for over 3 years. The owner said that he should call the police but because she was a long term employee and a mother he was not going to do it. She was told never to come back and not to use them as a reference for a job. My daughter is very confused. She said that she has never taken any thing from this company. The young man I do not know. If she is innocent wouldn't you demand them to call the law enforcement and prove their accusations? What is your advice. She is beyond herself. Please help! Concern Mother.
1 Answer from Attorneys
Re: Termination of Job
In the Commonwealth of Virginia, which is an employment-at-will jurisdiction, someone such as your daughter employed by a restaurant or pub, is most likely working working without the protection of a contract and therefore can be fired at any time for almost any reason that doesn't violate federal anti-discrimination laws. Given the reality of this situation, your daughter would be well advised to forget about the pub job or attempting to secure some kind of redress, apology, or whatever from her ex-employer. However, as she applies for new employment, she should be keeping careful record
of any denials of new employment which may or appear to be linked to this unhappy termination event. If her former pub employer is dishing out negative job references to prospective employers, your daughter may have the basis for a defamation suit againt this former employer.
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