HB460: Workers' compensation; retaliatory discharge of employee.
HOUSE BILL NO. 460
Be it enacted by the General Assembly of Virginia:
1. That § 65.2-308 of the Code of Virginia is amended and reenacted as follows:
§ 65.2-308. Discharge of employee for exercising rights prohibited; civil action; relief.
A. No employer or other person
shall discharge an employee solely because if such discharge is motivated to any
extent by knowledge or belief that
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 other
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 attorney 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.