Employment and Labor Law

Contact: Williams Mullen (North Carolina & Virginia, USA)

On November 1, 2012, the Virginia Supreme Court, addressing a question of law certified by the United States Court of Appeals for the Fourth Circuit, held that individuals such as supervisors and managers who participate in the firing of an employee can be subject to tort liability for wrongful discharge.

In doing so, the court effectively extended liability for wrongful discharge to non-employers. The court ruled that allowing such personal liability was consistent with the principles of tort liability and that the decision was in furtherance of public policy.

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