The Clock Is Ticking: Critical Deadlines Virginia Workers Miss After a Wrongful Termination

A strong wrongful termination case can be lost for one reason that has nothing to do with the facts: it was filed too late. Virginia and federal employment laws each set their own deadlines, and some start running the day you are fired. When a Virginia wrongful termination attorney reviews a new case, one of the first questions is which clocks have already started.

The deadlines below are the ones workers most often miss. Some are measured in days, not years, and a few changed in 2026.

How long do I have to file a discrimination claim in Virginia?

For federal claims, you generally have 300 days from the termination to file a charge with the U.S. Equal Employment Opportunity Commission (EEOC). For claims under the Virginia Human Rights Act (VHRA), the state’s main anti-discrimination law, the window to file with Virginia’s Office of Civil Rights is now two years.

The VHRA change took effect July 1, 2026, through House Bill 925. Before that date, the state deadline was 300 days, matching the federal one. The federal deadline did not change. A worker who waits more than 300 days may still have a state claim but lose federal claims under Title VII, the Americans with Disabilities Act, or the Age Discrimination in Employment Act.

What is the 90-day right-to-sue deadline?

Filing with an agency is only the first step. Once the EEOC or the Office of Civil Rights issues a notice of right to sue, the letter that lets you take the case to court, you generally have 90 days to file a lawsuit. This is one of the most commonly missed deadlines, because the letter can arrive months or even years after the charge was filed, when many people have stopped watching their mail closely.

Under the VHRA, you can also go to court if 180 days have passed since you filed with the Office of Civil Rights and no notice has been issued.

What is the deadline if I was fired for reporting illegal conduct?

One year. A retaliation claim under the Virginia Whistleblower Protection Law, Va. Code § 40.1-27.3, must be filed in court within one year of the employer’s retaliatory action. There is no agency step first, so nothing pauses the clock.

Courts read this deadline strictly. In one federal case, a complaint mailed before the one-year mark was dismissed as late because the court did not receive and file it until after the deadline. The clock can also start on the day you are told about a termination decision, not your last day of work.

How long do I have for a Bowman wrongful discharge claim?

The answer is less settled than it should be. A Bowman claim is Virginia’s common law claim for a firing that violates a public policy set out in a statute, named for Bowman v. State Bank of Keysville (1985). Some courts have applied the two-year limit for personal injury claims. Others have applied Virginia’s one-year catch-all limit in Va. Code § 8.01-248. Until the question is resolved, the cautious approach is to treat one year as the deadline.

How long do I have to decide on a severance agreement?

If you are 40 or older and the agreement waives age discrimination claims, federal law gives you at least 21 days to consider it and 7 days to revoke it after signing. When the offer is part of a group layoff, the review period is 45 days, and the employer must also give you information about who was selected and who was kept. These rules come from the Older Workers Benefit Protection Act.

Workers under 40 get no required review period at all. An employer can set whatever deadline it chooses, sometimes a few days. Most severance agreements include a release, a promise not to sue in exchange for the payment. Once the revocation window closes, signing away your claims is usually final. A few days spent on legal review can be the difference between a fair payment and giving up a valuable case for much less.

What other deadlines apply after a firing?

A termination often comes with related claims, such as unpaid final wages, interference with medical leave, or a broken employment contract. Each has its own time limit, and many of them run longer than discrimination deadlines.

Claim	Where it comes from	General deadline
Unpaid wages or overtime (federal)	Fair Labor Standards Act	2 years, or 3 if the violation was willful
Unpaid wages (state)	Virginia Wage Payment Act	3 years
Medical leave interference or retaliation	Family and Medical Leave Act	2 years, or 3 if willful
Breach of a written employment contract	Va. Code § 8.01-246	5 years
Breach of an oral contract	Va. Code § 8.01-246	3 years

These longer windows can create a false sense of security. If a single firing supports both a wage claim and a discrimination claim, the shortest deadline controls how quickly you need to act.

When should I file for unemployment, and how long do I have to appeal a denial?

File with the Virginia Employment Commission (VEC) in the first week after your job ends. Benefits generally start from the week you file, not the week you were fired, so a delay can cost you money you cannot recover.

Employers often contest claims by alleging misconduct. If a VEC deputy denies your benefits, the determination will state how long you have to appeal, typically 30 days. Read that date carefully. The appeal hearing is recorded, and what you and your employer say there can come up again later in a wrongful termination case.

When should I contact a Virginia wrongful termination attorney?

As soon as you can after the firing, and before you sign anything. The shortest deadlines are measured in days: a 90-day right-to-sue window, a 7-day severance revocation period, and a 30-day unemployment appeal. The rest run between one year and a few years, depending on the claim. Knowing which ones apply to you is the first step in protecting your case.

If you were recently fired and think the reason was unlawful, a Virginia wrongful termination attorney can identify every deadline that applies and file on time. Schedule a confidential consultation now, while all of your options are still available.