Where a former employee asserted claims under both the Virginia Whistleblower Protection Law, Virginia Code § 40.1-27.3, and Virginia Code § 40.1-51.2:2, providing protection for employees who allege retaliation for making a safety complaint, the court declined to find that his remedy lay exclusively under Virginia Code § 40.1-51.2:2. Courts in the Fourth Circuit have thus far declined to rule that the two statutes are mutually exclusive.
Background
Chris Wimmer alleges that he was wrongfully terminated from his position at New Millennium Building Systems, or NMBS, for raising safety concerns about the way a load was being handled. Plaintiff alleges that his termination was unlawful retaliation in violation of Virginia Code §§ 40.1-27.3 and 40.1-51.2:1. Defendant has filed a motion to dismiss.
VWPL
In Count One of his amended complaint, plaintiff alleges that he was terminated in violation of Virginia’s Whistleblower Protection Law, or VWPL. The statute, codified at Virginia Code § 40.1-27.3, provides that “[a]n employer shall not discharge . . . an employee . . . because the employee . . . in good faith reports a violation of any federal or state law or regulation to a supervisor[.]” Defendant argues that plaintiff does not sufficiently allege that his report to NMBS was “‘rooted in specific violations of law’ as is required to sustain a claim under the VWPL.”
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