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When DC Law coverage ends District of Columbia Virginia

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  • When DC Law coverage ends District of Columbia Virginia

    A SC home owner accepts a permanent full time job in DC. The SC home owner, house-shares/rents a room in Northern VA, maintaining SC as mailing address and permanent residence. A VA company solicits the SC home owner and offers more salary and improved access to home. The SC home owner accepts the generous offer, and takes up house sharing in VA. Sometime later, the VA employer terminates the at-will employment contract, alleging poor performance. The employee's appeal of the contested "poor perfromance" allegations are pending before the VEC.

    At some point, might the employee seek relief through an Unjust Termination suit?Are the jurisdictional bounds clearly within VA Law? Is it possible to seek recourse under DC law? Or SC?

  • #2
    You have not posted anything to suggest that an illegal termination exists under the laws of VA, DC, or SC.
    The above answer, whatever it is, assumes that no legally binding and enforceable contract or CBA says otherwise. If it does, then the terms of the contract or CBA apply.

    Comment


    • #3
      Generally speaking, "at will employment" and "employment contract" are contradictions in terms. Was there, in fact, an employment contract that specified you were an at-will employee?
      I don't respond to Private Messages unless the moderator specifically refers you to me for that purpose. Thank you.

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      • #4
        Thank you!

        cbg and pattymd; thank you for your input; it is unlikely an illegal termination exists. I am exploring options and educating myself about legalities with the kind assistance of people such as you.

        Comment


        • #5
          I'm not an attorney but it's abundantly clear from the original post that VA (and only VA and perhaps Federal, but not DC or SC) law would apply. The company and the job are both in VA. Former employment in DC is irrelevant. Legal residence (and tenuous at that) in SC is almost certainly irrelevant, too.

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          • #6
            I agree with the above post completely. However, the fact remains that EVEN IF there is some factor missing that would change that answer, nothing posted suggests that the termination would be illegal in ANY of the named states. (Or, for that matter, any other state with the possible exception of Montana).

            IF there was a legally binding and enforceable contract (which is yet to be determined and which, quite honestly, is unlikely) then a VA attorney would have to review that contract to determine if the contract was breached. But nothing posted suggests that the termination was in any way illegal. No matter which states' laws apply.
            The above answer, whatever it is, assumes that no legally binding and enforceable contract or CBA says otherwise. If it does, then the terms of the contract or CBA apply.

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            • #7
              Confirmed

              Thank you! Continued research brought me to the same conclusion.

              Comment

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