City of Waynesboro entitled to sovereign immunity, but supervisor Michael D. Wilhelm is not protected

Waynesboro Today

The Court of Appeals of Virginia ruled that a whistleblower suit can proceed against a supervisor but not the City of Waynesboro due to sovereign immunity. Former police captain Michael W. Martin brought claims against the city and his supervisor Wilhelm under the Fraud and Abuse Whistle Blower Protection Act, alleging wrongful termination and retaliation.

Why it matters

The decision highlights the complex legal landscape around whistleblower protections, with the court finding that the state's Whistle Blower Act waives sovereign immunity for individual supervisors but not for government agencies. This could have implications for future whistleblower cases against public employers in Virginia.

The details

The court ruled that while the City of Waynesboro was entitled to sovereign immunity from Martin's whistleblower claim, his supervisor Wilhelm was not protected. The court found that the Whistle Blower Act expressly creates a private right of action against individual supervisors, waiving their sovereign immunity. However, the act does not waive sovereign immunity for government agencies like the city. The court also affirmed the denial of summary judgment against Wilhelm on the whistleblower claim, finding that there were disputed facts about whether he terminated Martin in retaliation.

• Between 2016 and 2018, Martin worked on a drug task force and had...

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