Legal Question in Employment Law in Virginia

At will employment

I'm 49 and have completed 28 years of service. There is a pending reorganization that causes me to fear for my continued employment. What are my chances of filing suit against the company charging age discrimination. Can you explain the concept of ''implied contract'' and would it be applicable in this case. If there is a high percentage of employees in my category of age and service laid off in the reorg, would that help to prove age discrimination. My company is located in Virginia and I do not have a contract. I could retire with 30 years of service in January 2005 (with 3 month leave of absence and accrued vacation). You can see my concern.


Asked on 11/25/03, 8:18 pm

1 Answer from Attorneys
Michael Hendrickson Law Office Michael E. Hendrickson

Re: At will employment

Unfortunately, assuming that your company has access to savy legal assistance which has advised them as to how to structure their RIF(reduction in force) to avoid Age in Employment Discrimination claims, you are probably without remedy.

Implied contracts may be found to arise from a variety of circumstances involved in the hiring

and employment of an employee and may include information in the company's employees' handbbok or its equivalent(which induced employee to believe he/she had certain rights or protections), or other oral or written promises made to the employee regarding such matters which may have led the employee to draw erroneous

conclusions in regards to these matters.

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Answered on 11/26/03, 3:14 pm


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