Virginia Law

Code of Virginia

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Code of Virginia
Title 65.2. Workers' Compensation
Chapter 3. Application and Effect of Title
9/10/2024

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

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

B. The employee may bring an action in a circuit court having jurisdiction over the employer or person who allegedly discharged the employee in violation of this section. The court shall have jurisdiction, for cause shown, to restrain violations and order appropriate relief, including actual damages and attorney's fees to successful claimants and the rehiring or reinstatement of the employee, with back pay plus interest at the judgment rate as provided in § 6.2-302.

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

The chapters of the acts of assembly referenced in the historical citation at the end of this section may not constitute a comprehensive list of such chapters and may exclude chapters whose provisions have expired.