[VA] [VA] Can I sue a former employer after a year has passed?

Lexi, Chatbot

I’m sorry to hear about your wrongful termination and the challenges it has caused you and your wife. Have you already gathered any documentation or evidence related to your termination?

Lexi, Chatbot

Have you consulted with any legal professionals regarding your situation prior to this?

Lexi, Chatbot

Is there anything else the lawyer should know before I connect you? Rest assured, they’ll be able to help with your wrongful termination case.

Jon

Hello, and thank you for reaching out! I’m Jon, a licensed attorney with over 13 years of experience, and I’m here to help.

I understand that legal matters can feel overwhelming, but you’re in good hands. I’ll do my best to make things clear and guide you toward the right solution for your situation.

Jon

I understand you’re considering taking legal action for your wrongful termination. Could you let me know which state you’re in? Also, could you share a bit more about the circumstances surrounding your termination?

Jon

Thanks for sharing that you’re in Virginia. Could you tell me more about the reason given for your termination? Understanding the basis of your claim will help determine the best course of action.

Jon

And you want to know if this was legal and if you can sue?

Jon

I believe I have all the information I need. Is there anything else you’d like to add before I start working on your answer? If not, I’ll get started right away.

Jon

I can walk you through the legal picture in Virginia as it relates to your situation.

The biggest challenge here is the statute of limitations, which is essentially the legal deadline for taking action. In Virginia, most wrongful termination cases based on discrimination—such as religious discrimination—require you to first file a complaint with a government agency. Those agencies are the U.S. Equal Employment Opportunity Commission (EEOC) and the Virginia Division of Human Rights (VDHR). The usual deadline to file with one of them is 300 days from when the discrimination occurred.

Because you were terminated about a year ago (roughly 365 days), that deadline has likely passed. This is a strict rule, and missing it usually means you cannot later bring your case to court.

That said, there are a few narrow exceptions a lawyer would explore. One is called “equitable tolling,” which allows a court to extend the deadline in rare cases, such as if you were misled about your rights or faced truly extraordinary circumstances. Financial struggles alone generally don’t count as extraordinary. Another possible exception is the “continuing violation” doctrine, which applies if the discrimination wasn’t just a one-time event but part of an ongoing pattern. For instance, if your employer repeatedly sabotaged your work by refusing to fix faulty equipment, a lawyer might argue that those ongoing actions extended the filing deadline.

Jon

Looking at your claim, there seem to be two potential legal angles: religious discrimination and retaliation. Religious discrimination would require you to show that your faith was a reason for your termination. The faulty equipment could help demonstrate that your employer was setting you up to fail because of your religion. Retaliation could come into play if you complained about the discrimination or the faulty equipment and then lost your job as a direct result of those complaints.

Even with the deadline issue, you shouldn’t assume your case is over. It’s crucial to speak with an employment lawyer in Virginia as soon as possible. They can carefully review your evidence—such as your termination letter, emails, and performance reviews—and determine what legal options are still available to you. They’ll also check whether you might have other legal claims with different deadlines, for example, under Virginia’s own wrongful termination laws, which could provide another path.

Many employment lawyers work on a contingency basis, meaning they only get paid if you win your case. That could help with your financial concerns and make it easier to move forward.

The missed EEOC deadline is a serious issue, but only a lawyer can tell you if there’s an exception or another legal route still open to you. Consulting with one right away is the best step you can take.