Where a doctor was told in August 2021 that her employment was ending, but she waited until December 2022 before she asserted a claim under the Virginia Whistleblower Protection Law, her claim was barred by the one-year statute of limitations. Although the doctor argued the statute should run from her last day of employment in February 2022, it ran from when she received her notice of termination, because that was the alleged “prohibited retaliatory action.”
Background
Sunita Kulshrestha has sued her former employer, Shady Grove Reproductive Center. Plaintiff alleges four counts: (1) breach of contract; (2) retaliation in violation of the VWPL; (3) defamation per se and (4) retaliation in violation of the Family and Medical Leave Act, or FMLA.
Defendant argues that Count Two should be dismissed as barred by the VWPL’s one-year statute of limitations. Plaintiff argues that the novel issue of when a cause of action accrues for a claim under the VWPL should be certified to the Supreme Court of Virginia.
Statute of limitations
According to plaintiff, her termination after reporting that defendant treated her differently based on her caregiver status constituted retaliation in violation of the VWPL. Plaintiff filed this action on Dec. 5, 2022, The parties dispute whether plaintiff’s cause of action accrued when she received her notice of termination on Aug. 30, 2021, or when she stopped working on Feb. 27, 2022.
The statute provides that “[a] person who alleges a violation of...
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