Albo & Oblon, L.L.P - Arlington/Main Office.
2200 Clarendon Blvd., Ste. 1201
Arlington, VA 22201
(703) 312-0410
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Albo & Oblon, L.L.P -- Fairfax County Office
6367 Rolling Mill Place, Suite 102
Springfield, VA 22201
(703) 455-0046
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Albo & Oblon, L.L.P. -- Norfolk/Hampton Roads Office
World Trade Center
101 West Main Street, Suite 435
Norfolk VA 23510
(757) 200-7900
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Albo & Oblon, L.L.P. -- Washington, D.C./Maryland Office
641 Indiana Avenue, N.W., Second Floor
Washington, DC 20004
(202) 386-7470
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The Firing Process
Q: Can an employer fire an employee with no "good" reason?
A: If the employer is the government, the answer is generally "no." If the employer is a private business, the answer is generally "yes". Virginia, Washington, D.C., and Maryland are all "at will" employment states. This means that, in the absence of a contract or other specific exception, an employee can quit at any time and an employer can fire an employee at any time with limited notice. Of course, this doesn't apply to employees in "protected categories" such as race, color, religion, sex, national origin, age, or disability if the termination is based on their membership in the protected category. And it doesn't apply to mass layoffs.
This means, for example, that an employer could fire an employee because he or she didn't like the "quality" of the employee's work -- even though every person in the world other than the employer would agree that the work quality was excellent. (Of course, if the "stated reason" is proven to be a pretext for discrimination based on a protected category, and is not the "real reason" for the termination, the employee may have a case against the employer for a violation of civil rights).
Q: Must an employer pay an employee "severance pay" or assist the employee is locating a new job?
A: Generally, no. Some states require an employer to provide "reasonable notice."
Q: Is this true even if the employer fires the employee for no "good" reason?
A: Yes.
Q: Should the employer have the employee sign a termination agreement?
A: Yes, but only if the employee will sign! The agreement should give a specific termination date and reason for the termination. It should also settle such matters as:
- Health, disability, and life insurance and COBRA notices;
- Payment of any accrued salary and other forms of compensation, such as stock options and vacation time;
- Reimbursement for out of pocket expenses;
- Retirement account;
- Return of company property; and
- Settlement of all accounts.
The employer should also consider having the employee sign a release of liability for the termination. Certain businesses may also want the employee to sign a "non-compete agreement." To do either of these, however, the employer must pay money to the employee. Failure to do so may make the agreement unenforceable.
Q: Must an employee sign a "termination agreement" or a "non-compete agreement?"
A: No. An employee should consider negotiating for a payment in exchange for his or her signature.
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Serving the Commonwealth of Virginia, the District of Columbia, and the State of Maryland
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