This is a sponsored column by attorneys John Berry and Kimberly Berry of Berry & Berry, PLLC, an employment and labor law firm located in Northern Virginia that specializes in federal employee, security clearance, retirement and private sector employee matters.
By John V. Berry, Esq.
We represent employees in Virginia who have been terminated in retaliation for whistleblowing. Whistleblower cases are unique and present their own unique challenges.
Employees are advised to seek counsel as early in the process as possible if they believe that they have been terminated (or will be terminated) in retaliation for whistleblower activities.
Whistleblower Law in Virginia
In Virginia, if a whistleblower reports alleged wrongdoing or states that they intend to report it, this can subject the employer to a civil lawsuit for retaliation if it falls under certain criteria. While Virginia is an at-will state, and employees may be fired for any reason or no reason at all, exceptions can apply.
In the past 30 years, exceptions to this general rule have started to emerge in Virginia. One such exception involves employee termination in retaliation for whistleblowing.
The Virginia courts carved out this exception to the at-will doctrine in the 1985 case of Bowman v. State Bank of Keysville. Other rules on whistleblowing can apply to federal employees and state or local employees. This article focuses on private company employees in Virginia.
What Kind of Retaliation is Covered?
An employer may not terminate an employee for reporting an issue that relates to the public policy of Virginia. An employee has a potential claim for wrongful discharge when the basis for the discharge violates public policy.
In order to determine what constitutes public policy, Virginia courts have pointed to statutes to determine if an issue has been endorsed by the state (e.g., the right to collect unemployment compensation benefits if eligible) or prohibited (e.g., criminal laws prohibiting perjury).
Example: Employer is sued for a personal injury by a shopper in their department store. Employee Jim Smith is a witness to the injury. The employer asks the employee to lie in court so that they won’t be liable. Mr. Smith refuses to lie in court. Employee A testifies truthfully and is then fired.
Statutory Whistleblower Retaliation in Virginia
In addition to the exceptions carved out by the Virginia courts, the Virginia General Assembly has passed specific statutory protections for certain activities. Employees who engage in protected activities under laws in certain areas are also protected from retaliation. These include asbestos, lead, and home inspection contractors; occupational safety and health issues; and workers’ compensation.
However, because the Virginia assembly has not passed a general whistleblower protection statute, most workers have to rely on the exceptions carved out by the courts to pursue a whistleblower claim. The courts in Virginia have seen an increase in the number of these types of cases in recent years.
I believe that more cases will expand this doctrine as Northern Virginia grows and exerts influence in Richmond for these types of employment protections.
The most usual remedies for Bowman Whistleblower claims can include:
- Lost Benefits
- Attorneys fees
If you are in need of employment law advice representation, please contact our office at 703-668-0070 or through our contact page to schedule a consultation. Please also visit and like us on Facebook or Twitter.
Tour the secluded and quiet Bellevue Forest with its local parks, trails, forested areas and more in Neighborhood Spotlight.
In loving memory of William Dinwiddie Tucker, who passed away in 2023 at the age of 95.
Good Friday evening, Arlington. Today we published articles that were read a total of 6626 times… so far. 📈 Top stories The following are the most-read articles for today —…
Meeting for lunch? Starting Monday, January 30 and running until Friday, February 3, Copperwood Tavern, The Pinemoor, and Brass Rabbit Pub will be offering buy one, get one free soups, salads, sandwiches, and…
St. Charles offers a play-based curriculum in a welcoming, Christ-centered environment.
Our program focuses on socio-emotional development and kindergarten readiness through hands-on and engaging activities. Our programs offer different schedules ranging from 7:30 am-5:30 pm for students, ages 2-5. We feature a full-day Jr. kindergarten class for older 4’s/5’s. Our facility includes a full-sized gymnasium, school chapel, and library. All of our students enjoy music and physical education weekly. Children have an opportunity to participate in enrichment classes such as soccer, basketball, ballet, and science.
We offer Summer Camp with weekly themes and twice a week water play, including Fun Friday moon bounce. Please join us for our Open House Feb. 3 at 9:30 am and 11:00 am. Click here to sign-up.
For more information or to schedule a tour, visit us at www.stcharlesarlington.org or call (703) 527-0608.
If you are a lifelong learner over 50+ who wants to make new friends, power up your brain, and enjoy a wide-variety college-level courses, Encore Learning is for you. An Arlington based nonprofit, Encore Learning offers courses in the arts, theater, literature, history, technology and more. This semester we offer our most popular course, Global Hot Spots as well as 25 new courses. Courses are presented either online or in-person at George Mason University at Virginia Square and other Arlington locations.
Join the free presentation to learn about courses and meet the instructors. This is Encore Learning’s signature event to highlight the upcoming semester with brief presentations by each instructor.
The Spring Course Preview event is Thursday, February 2nd at 9:30 AM via Zoom:
The truth, your first pregnancy and new mom months are full of twists and turns, ups and downs, and lots of questions! None of us really know the best way to do it – we just figure it out, together…