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.
Structure Code of Virginia
Title 65.2 - Workers' Compensation
Chapter 3 - Application and Effect of Title
§ 65.2-300. Presumption of acceptance of provisions of title; exemptions; notice and rejection
§ 65.2-301. Victims of sexual assault
§ 65.2-301.1. Public safety officers
§ 65.2-301.2. Employee classification; disaster; personal protective equipment not considered
§ 65.2-302. Statutory employer
§ 65.2-303. Recovery from subcontractor; proceedings against owner or contractor
§ 65.2-304. Indemnity of principal from subcontractor
§ 65.2-306. When compensation not allowed for injury or death; burden of proof
§ 65.2-307. Employee's rights under Act exclude all others; exception
§ 65.2-308. Discharge of employee for exercising rights prohibited; civil action; relief
§ 65.2-310. Protection of employer when employee sues third party
§ 65.2-311. Expenses and attorney's fees in action under § 65.2-309 or § 65.2-310
§ 65.2-312. False statements, representations, etc., in connection with an award; penalties