Employment Law Chronicle for Virginia & the District of Columbia

I often represent clients on claims that an employer’s business interests were harmed by the disloyal or otherwise unlawful conduct of a former employee. Typically, these employer lawsuits allege breach of contract, breach of the duty of loyalty, misappropriation of trade secrets, conspiracy, tortious interference and related claims. Below are some questions and answers designed to present these concepts in general terms.

Question: What is the common law fiduciary duty of loyalty?

Continue reading "Virginia Employment Law: Employee Breach of Contract, Duty of Loyalty and Misappropriation of Trade Secrets" »

As an employment lawyer, several times a week, I am asked whether an employer can fire an employee without a good reason. In the District of Columbia and Virginia, the answer is usually yes. That is because employment in D.C. and Virginia is “at-will” unless a contract or statute states otherwise, or unless a public policy exception exists. Employment “at-will” means that the employer or employee may terminate the employment relationship at any time, for any lawful reason, or for no reason at all.

Courts in Virginia and the District of Columbia have carved out “narrow” exceptions to the at-will doctrine for claims of "wrongful termination" or "wrongful discharge" in violation of public policy. The highest courts of the respective jurisdictions have expressed the public policy exception to the at-will doctrine as follows:

Continue reading "Wrongful Termination and At-Will Employment in the District of Columbia and Virginia" »

The Virginian-Pilot reports that a former employee filed suit in Norfolk Circuit Court seeking $65 million against BJ's Wholesale Club for failing to warn or take precautions to protect the former employee from her estranged husband who came to the workpace, killed the employee's sister, and shot the employee. According to the article, the lawsuit alleges that on the day of the shooting, the employee's manager at BJ's received several phone calls and a visit from the husband threatening the employee, but the Company did not warn or protect the employee.

While the outcome of this case remains to be seen, an important take-away for employers is that it is critically important to develop, implement, and communicate to employees specific procedures to respond to workplace threats.