Wrongful Discharge litigation

The attorneys at The Employment Law Group® law firm have substantial experience representing employees that are wrongfully discharged by their employers.

Public Policy Exception to the Employment-At-Will Doctrine

Although an employee is generally considered to be employed "at will" and can be discharged by an employer for any reason or for no reason at all, most states have adopted public policy exceptions to protect employees who disclose criminal, illegal, unethical or unsafe practices. In addition, the public policy exception to the employment-at-will doctrine protects employees who refuse to engage in illegal conduct.

DC Wrongful Discharge Tort

In the District of Columbia, an employee may sue an employer for wrongful discharge if the employer terminates the employee for: (1) refusing to engage in illegal conduct, (2) exercising a statutory right, or (3) reporting an employer's or a co-worker's illegal conduct. Specific examples of public policy exceptions to the "at will" employment doctrine include:

• Refusing to drive a truck without a required inspection sticker in violation of a D.C. statute;

• Testifying before the D.C. City Council about patient safety issues;

• Filing or threatening to file a complaint regarding an employer's violation of D.C.'s minimum wage statutes;

• Threatening to inform the Food & Drug Administration about drugs being maintained at an unsafe temperature; and

• Reporting a co-worker's health code violation.

An employee alleging wrongful discharge in violation of public policy must bring a claim within 3 years of the alleged wrongful termination. A prevailing employee may be awarded lost pay, and compensatory and punitive damages.

MD Wrongful Discharge Tort

In Maryland, an employee has a cause of action for wrongful discharge when the employee's termination contravenes a clear mandate of public policy. Maryland and federal legislative enactments, and administrative regulations can serve as a source of the public policy. A complaint alleging the tort of wrongful discharge must contain a substantial degree of particularity. Examples of conduct that is protected under Maryland's wrongful discharge tort include:

• Filing a worker's compensation claim;

• Refusing to violate a third person's right to privacy;

• Filing assault and battery charges against a manager;

• Taking time off to serve on a jury;

• Insisting on an employer's compliance with the Food, Drug and Cosmetic Act; and

• Reporting a co-worker's suspected criminal activities to law enforcement authorities.

An employee alleging wrongful discharge in violation of public policy must bring a claim within 3 years of the alleged wrongful termination. A prevailing employee may be awarded lost pay, and compensatory and punitive damages.

Virginia Wrongful Discharge Tort

Unlike Maryland and D.C.'s wrongful discharge tort, an employee asserting a claim for wrongful discharge under Virginia law must identify a Virginia state statute establishing a public policy that was violated by the employer in terminating the employee, which is generally limited to two categories of statutes: (1) statutes that explicitly express a public policy of the Commonwealth; and (2) statutes designed to protect personal property, personal rights, health, safety, or welfare. The employee must also show that she is a member of the class of persons that the statute is intended to benefit or protect.

Under Virginia law, an employee alleging wrongful discharge must make a claim within one year of the alleged wrongful termination. A prevailing employee may be awarded lost pay, and compensatory and punitive damages.

In 2004, The Employment Law Group® law firm established that requesting an employer’s sexual harassment policy is protected in under Title VII of the Civil Rights Act in Miller v. Washington Workplace, Inc.  The employee claimed that after suffering sexual harassment by her supervisor she was terminated when she requested her employer’s workplace harassment policy.  The Employment Law Group® law firm argued that this constituted a wrongful discharge in violation of the public policies expressed in Virginia’s wage and payment laws.

In 2007, The Employment Law Group® law firm established precedent under Virginia's wrongful discharge tort in McFarland v. Virginia Retirement Services of Chesterfield, LLC, where Judge Dohnal held that a nursing home's termination of an Activities Director and Office Manager for reporting health and safety violations can constitute a wrongful discharge.

If you have been wrongfully discharged by your employer, you can take legal action. Contact The Employment Law Group® law firm at 1-888-603-0983 or inquiry@employmentlawgroup.com to discuss your potential claim.

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