Where a man alleged he was terminated after he complained about health and safety concerns at a steel mill, but the record showed he was terminated because he had misstated the scope of work he was asked to perform in order to endanger the jobs of his co-workers, the mill prevailed on the retaliation claims.
Background
James Taylor Cook brought this action against Roanoke Electric Steel Corporation, or RESCO, asserting claims of retaliation in violation of Virginia Code §§ 40.1-27.3(A)(1) and 40.1-51.2:1 arising from the termination of his employment at defendant’s steel mill. Now before the court is RESCO’s motion for summary judgment
Analysis
Virginia Code § 40.1-27.3(A)(1) prohibits retaliation against an employee “[who] in good faith reports a violation of any federal or state law or regulation to a supervisor or to any governmental body or law-enforcement official.” Similarly, Virginia Code § 40.1-51.2:1 provides that “[n]o person shall discharge or in any way discriminate against an employee because the employee has filed a safety or health complaint or has testified or otherwise acted to exercise rights under the safety and health provisions of this title for themselves or others.”
Cook has not raised a genuine issue of material fact as to his claims under either statute that would preclude the court from granting summary judgment to RESCO in full. First, as to § 40.1-27.3, the court does not foreclose the possibility that Cook’s initial hesitation to work on the...
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