Legal Question in Employment Law in Virginia
wrongful dismissal
I was dismissed because I repeatedly challenged a manager on how he was running a work team and causing clashes and incidents amongst them due to his negligence. I was singled out to be a ''trouble maker'' because no one else, out of fear for their jobs, would talk. When I voiced my opinion I was told that I was a trouble maker for complaining and I had a choice to be quite or be released. I advised him that if he did not want to hear the complaint, to provide a superior that would. I was terminated. Can I claim wrongful termination and that my freedom of speech was violated? I believe i cannot claim that I was whistle blowing as my complaints were about illegal practice but more over questionable management actions. Do I have a case to make?
2 Answers from Attorneys
Re: wrongful dismissal
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Unfortunately, no, you do not have a viable case. I am assuming you did not have a written contract of employment (if you did, that might change things). The general rule in Virginia is that employment relationships may be terminated at will.
Re: wrongful dismissal
Assuming that you have no contract of employment, I see no viable right of action on your part for wrongful dismmisal under the circumstances which you've described since by your own admission the Bowman public policy exception(employee dismissed for complaining of issues having public policy import)recognized under Virginia law, apparently, would not be applicable to your case.
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