Main Menu

Wrongful Discharge

Maryland Employee Terminated For Failure To Follow Company Policy Can Proceed On Wrongful Discharge Claim

Most employers are well-versed in statutory laws which prohibit termination of an employee for reasons such as a discrimination or retaliation.  But its lesser known that some states like Maryland have a catch-all cause of action for situations where an employee claims her termination violates public policy, but no statute provides a remedy.  Under those […]

Virginia Court Refuses to Dismiss Jeweler’s Bowman Claim

Virginia courts recognize a narrow exception to the employment at will doctrine for employees who claim to have been discharged  in violation of public policy. Known as Bowman claims (after the seminal 1985 Bowman v. State Bank of Keysville decision),  employees can bring a claim for “wrongful discharge” if they can show that a statute expressly or implicitly […]

Virginia Supreme Court Affirms Dismissal of Bowman Claim Based on Protective Order Statutes

On February 23, 2017, the Virginia Supreme Court sustained a demurrer to a complaint alleging a Bowman claim of wrongful termination.  Francis v. National Accrediting Commission of Career Arts & Sciences, Inc. No. 160267.  The Court rejected an employee’s claims that the public policy embodied in Virginia Code §§ 19.2-152.7:1 through 19.2-152.10 (the Protective Order […]