My question involves labor and employment law for the state of: Virginia
My job recently sent me home after an argument between me and another employee in the break room on lunch. During the course of my employment I've been called gay, a fag, and various other "nick names" that are extremely offensive. Yesterday an employee and I were having a discussion about why I get so angry when people tease me and she was very persistent with saying that "i was trying to make a point". After about 15 minutes of this, I finally had enough. I stood up and yelled, "I'm not trying to make a point, I'm trying to explain why I'm so mad. She also called me a racist and a little bitch. I walked out of the break room shoving a chair down and went outside to smoke and cool down.
About a month and a half prior to this, I filed a complaint with HR about the issues I was having with other employees calling me gay along with the other names, and nothing was done. As far as I know they documented the complaint and said they would investigate the issue and resolve it. Nothing was resolved, and I'm not sure they did investigate the issue because things did not change. No one treated me any different. I would imagine that after it happened, I would have gotten some smug looks, but everyone still treated me the same.
Today I was called into the HR office as soon as I walked in to work and was told I needed to write a statement about what happened the day before in the break room, and that after I did that I needed to go home until Tuesday. She said that on Tuesday a decision would be made as to whether or not I would be terminated.
My question is, since nothing was done to resolve my issues, was I in the wrong to get upset at someone after so many problems with harassment at work? Can I be lawfully terminated? What are my options if I do get terminated? Finally, what can I do to prevent termination.