Job loss brings stress, but knowing your rights during a layoff in Virginia helps you stay in control. State and federal laws outline protections and benefits that support you in this situation.
Layoff notice requirements
In Virginia, most private employers skip advance notice unless the federal WARN (Worker Adjustment and Retraining Notification) Act applies. This law requires a 60-day notice when a company with 100 or more full-time employees performs a layoff of at least 50 workers at one location. When an employer ignores this rule, they may owe back pay and benefits for that period.
Severance and final paychecks
Virginia law doesn’t require employers to offer severance pay, but many include it in company policies or contracts. If you receive a severance package, review the terms before you sign anything. Some agreements ask you to give up legal claims, including the right to file a discrimination lawsuit. Employers must issue your final paycheck on or before the next scheduled payday. That check must include all earned wages and any unused vacation time promised by written policy.
Health insurance and unemployment
You can choose to continue your health coverage through COBRA or a similar state program. COBRA lets you keep your group health plan temporarily, although you pay the full cost. You can also apply for unemployment benefits through the Virginia Employment Commission. To qualify, you must lose your job for reasons beyond your control and meet earnings and work history requirements.
When to raise concerns
If your employer treats you differently because of age, race, gender, or another protected trait, you may face unlawful discrimination. Save emails, messages, and notes that explain what happened. You can report the issue to the Equal Employment Opportunity Commission (EEOC) or the Virginia Office of Civil Rights.
Understanding your rights lets you make smart choices during a layoff. Read your employment documents closely, speak up if something looks off, and make sure you receive everything owed to you. Taking charge protects your interests.