No Whistle Blower Protection in Virginia
by Frank L. Kollman

The Virginia Supreme Court has refused to modify the employment-at-will doctrine to protect whistle blowers. In Virginia, an employee who complains to government authorities that his employer is breaking the law gains no protection from retaliatory discharge. Virginia employers have regained a little control over the workplace; unfortunately, Maryland employers probably would not find their highest court as sympathetic as Virginia's.

The employer in the Virginia case was a poultry plant. The employee, an inspector, had complained to government inspectors about violations of the state Meat and Poultry Products Act. Arguing that her later termination was motivated by her whistle blowing, she sued. The Court just flatly refused to recognize a whistle blower cause of action in Virginia. Virginia had already recognized a "public policy" exception to the employment-at-will doctrine, but the Court would not extend that protection to whistle blowers who had no duty or right to complain to governmental authorities.

The Court, in a rare display of pro-employer sentiment, said that it was reasonable for the employer to require its employees to complain first to company officials, not government inspectors. In other words, an employer has the right to insist that Virginia employees report problems to them, not government officials.

This case does not change basic federal law prohibiting retaliatory discharge for filing civil rights claims, OSHA complaints, wage and hour claims, or other employment charges and lawsuits. Virginia employers still have to comply with specific statutory obligations. Nevertheless, Virginia employers now can insist that employees first report job problems to them before "blowing the whistle" to government officials.

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