Virginia Expands Wrongful Discharge Tort

In a case involving alleged sexual harassment, the Fourth Circuit certified a question to the Virginia Supreme Court, which rephrased the question slightly:

“Does Virginia law recognize a common law tort claim of wrongful discharge in violation of established public policy against an individual who was not the plaintiff’s actual employer but who was the actor in violation of public policy and who participated in the wrongful firing of the plaintiff, such as in the capacity of a supervisor or manager?”

In a 4-3 decision, the court answered the question in the affirmative.

Legal Newsline has an extensive recap here.

–CJR