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Judge Interprets “Reasonable Notice” Of Termination Rule In Virginia

Published by on September 23, 2009

 The U.S. District Court for the Eastern District of Virginia recently issued a decision in a case involving the question of what constitutes “reasonable notice” of termination under Virginia law.  The VLW Blog has a post here on the decision.  A copy of the decision is here.  More after the break. The court noted: “The […]

 The U.S. District Court for the Eastern District of Virginia recently issued a decision in a case involving the question of what constitutes “reasonable notice” of termination under Virginia law.  The VLW Blog has a post here on the decision.  A copy of the decision is here.  More after the break.

The court noted:

“The issue to be resolved by this Court is the meaning of “reasonable notice” as it applies to the termination of an at-will employee in Virginia.  Defendants argue that the “reasonable notice” requirement of at-will employment refers to the manner and nature of the notice of termination, and not to an amount of time that must be given as advance notice.  [Plaintiff] argues that Virginia law requires an employer to provide an at-will employee with advance notice of tennination, and therefore dismissal of his claim based on lack of advance notice is inappropriate.

The Supreme Court of Virginia has not addressed the issue of whether the “reasonable notice” requirement requires an employer to provide advance notice of termination. . . .  Under Virginia law, an at-will employee can “be terminated by the employer or employee for any reason upon reasonable notice.”

The court ultimately concluded that there was no advance notice requirement for the termination of an at-will employee.

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