Angela Vanburen v. Stephen Grubb
471 F. App'x 228
4th Cir.2012Background
- VanBuren, a nurse, worked for Virginia Highlands Orthopaedic Spine Center under supervisor Dr. Grubb who harassed her; she was fired in March 2008 after rejecting his advances and offered severance to keep quiet.
- She filed a federal complaint seeking Title VII and a Virginia common-law wrongful-discharge claim against Dr. Grubb and Virginia Highlands.
- The district court dismissed the wrongful-discharge claim against Grubb but not against Virginia Highlands, and certified final judgment under Rule 54(b) to allow immediate appeal as to Grubb.
- Virginia recognizes a narrow wrongful-discharge exception to at-will employment, including discharges for refusal to commit criminal acts (Mitchem, Rowan).
- The Fourth Circuit questioned whether a wrongful-discharge claim can lie against non-employer individuals (e.g., supervisors) and certified the question to the Virginia Supreme Court under Rule 5:40 because there is no controlling Virginia precedent.
- The certified question asked whether Virginia law recognizes a common-law wrongful-discharge claim against an individual who participates in the firing not as the employer itself.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether an individual non-employer can be liable for wrongful discharge | VanBuren argues Grubb’s involvement supports liability under the public-policy exception | Grubb/Highlands contend only the employer can be liable | Certified question; no decision on individual liability. |
| Whether Virginia recognizes wrongful discharge when the employee refuses criminal conduct | Claims align with Mitchem/Rowan public-policy refusals | Defendants dispute applicability to non-employers | Recognized in Virginia as a narrow exception (not dispositive here). |
Key Cases Cited
- Bowman v. State Bank of Keysville, 331 S.E.2d 797 (Va. 1985) (recognizes public-policy wrongful-discharge exception)
- Mitchem v. Counts, 523 S.E.2d 246 (Va. 2000) (discharge for refusing to engage in criminal conduct viable)
- Rowan v. Tractor Supply Co., 559 S.E.2d 709 (Va. 2002) (discharge for refusing criminal acts supported by public policy)
- City of Virginia Beach v. Harris, 523 S.E.2d 239 (Va. 2000) (narrow view of public-policy discharge exception)
- PTS Corp. v. Buckman, 561 S.E.2d 718 (Va. 2002) (corporate-officer tort liability context)