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

Bernadette Hunton
Bernadette Hunton
10/17/2018
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 circumstances, an employee can sue for wrongful discharge, which is what occurred recently in...
read more

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 protects them from being discharged for conduct covered by the statute. In the recent...
read more

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 Statutes) provides the basis for a wrongful discharge claim. According to...
read more

Fifth Circuit Holds That Firing For Having Gun at Work May Be Wrongful Discharge

Kollman & Saucier
Kollman & Saucier
08/12/2016
The public debate about the breadth of the Second Amendment remains ongoing and a subject that provokes deeply held passions and beliefs on both sides -- including recent comments on the topic by a certain presidential candidate.  Amidst this debate, the Fifth Circuit Court of Appeals held this week that an employee who was terminated for bringing a gun to work may bring a lawsuit for wrongful discharge under Mississippi law.  Swindol v. Aurora...
read more
Email Updates

Enter your email address to subscribe to this blog and receive notifications of new posts by email.

Loading