Practice Areas

B&D Blog

Labor & Employment, Civil Rights and Discrimination

Frequent Questions

Labor & Employment, Civil Rights and Discrimination

Questions and Answers

Q: What kind of severance benefits am I entitled to?

A: There is a common misconception that terminated employees are entitled to severance benefits. Nothing could be further from the truth. Virginia is an employment “at will” state, which means that both the employer and the employee are free to end the employment relationship after providing the other party with reasonable notice. Assuming reasonable notice is given, you are entitled to past wages and any sales commissions that you earned. There is no requirement under Virginia law for employers to reimburse terminated employees for fringe benefits such as accrued vacation pay, sick pay, annual leave, bonuses, promised raises or severance pay. These benefits are considered granted at the option of the employer and, in the absence of a contractual right, are not wages due on termination.

Certain employers are required to offer its terminated employees and their covered beneficiaries an opportunity to purchase temporary health care coverage following termination for a period of 18 months under the Consolidated Omnibus Budget Reconciliation Act (“COBRA”).