65.2-308 - Discharge of employee for exercising rights prohibited; civil action; relief. - Virginia Statutes

§ 65.2-308. Discharge of employee for exercising rights prohibited; civilaction; relief.

A. No employer or person shall discharge an employee solely because theemployee intends to file or has filed a claim under this title or hastestified or is about to testify in any proceeding under this title. Thedischarge of a person who has filed a fraudulent claim is not a violation ofthis section.

B. The employee may bring an action in a circuit court having jurisdictionover the employer or person who allegedly discharged the employee inviolation of this section. The court shall have jurisdiction, for causeshown, to restrain violations and order appropriate relief, including actualdamages and attorney's fees to successful claimants and the rehiring orreinstatement of the employee, with back pay plus interest at the judgmentrate as provided in § 6.1-330.54.

(1982, c. 327, § 65.1-40.1; 1986, c. 259; 1991, c. 355.)