Insights

Home > News & Insights > Insights > Top Ten Developments in Employment Law for HR Professionals in Virginia — #7

Share this on:   a b j c

Top Ten Developments in Employment Law for HR Professionals in Virginia — #7

Published by on January 7, 2010

The top ten developments in employment law for HR professionals in Virginia for 2009 continues, in no particular order.  Number 7:  what constitutes “reasonable notice of termination” in Virginia?  More after the break. In Calquin v. Doodycalls Fairfax VA LLC, the U.S. District Court for the Eastern District of Virginia addressed the issue of what constitutes […]

The top ten developments in employment law for HR professionals in Virginia for 2009 continues, in no particular order.  Number 7:  what constitutes “reasonable notice of termination” in Virginia?  More after the break.

In Calquin v. Doodycalls Fairfax VA LLC, the U.S. District Court for the Eastern District of Virginia addressed the issue of what constitutes “reasonable notice” of termination in Virginia.  In this case, an employee who was discharged by being told to leave the premises sued his employer, alleging that he was not provided reasonable notice of his termination.  Noting that the Supreme Court of Virginia had not yet addressed the issue of whether advance notice of termination is required for at-will employees, the court proceeded to determine how this issue would be decided by a Virginia court.

Virginia’s presumption of at-will employment states that an employee can be terminated by an employer for any reason upon “reasonable notice.”  The employer argued that the “reasonable notice” requirement referred to the manner of notice, and not to when the notice is given.  The court agreed, stating that “reasonable notice” does not require advance notice of termination for an at-will employee.  The “reasonable notice” requirement only requires that the manner and quality of the termination notice “effectively communicate the fact of the termination.”  The court reasoned that requiring advance notice would “impose restrictions on at-will employment that contradict the very nature of the at-will doctrine.”

Topics: ,

Share:   a b j c