787 S.E.2d 103
Va.2016Background
- Brenda Johnston was an at-will employee of William E. Wood & Associates, Inc. for 17 years and was terminated without advance notice.
- Johnston sued for wrongful discharge and breach of an implied term of her employment contract, alleging her employer should have given "reasonable" advance notice.
- The employer demurred, arguing Virginia law does not recognize these claims for at-will employees.
- The circuit court sustained the demurrer; the Supreme Court reviewed the decision de novo.
- The central legal question was the meaning of "reasonable notice" in the at-will employment context — whether it requires advance notice or merely effective notice of termination.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Meaning of "reasonable notice" for at-will employment | "Reasonable notice" includes a temporal component—some advance notice before termination | "Reasonable notice" means effectual notice that the employment has ended; no advance notice required | "Reasonable notice" means effective notice that the relationship has ended; advance notice not required |
| Viability of wrongful discharge / implied-contract claims for at-will employee terminated without advance notice | Termination without reasonable (advance) notice supports wrongful discharge / implied-contract claims | Virginia law recognizes at-will employment and does not impose advance-notice obligation; claims fail as a matter of law | Demurrer properly sustained; no wrongful discharge or implied-term breach as a matter of law |
Key Cases Cited
- Stonega Coal & Coke Co. v. Louisville & Nashville R.R. Co., 106 Va. 223, 55 S.E. 551 (1906) (formative statement that when duration is unspecified, either party may terminate upon giving "reasonable notice")
- Miller v. SEVAMP, Inc., 234 Va. 462, 362 S.E.2d 915 (1987) (restating at-will rule requiring "reasonable notice" when duration is indeterminate)
- Hoffman Specialty Co. v. Pelouze, 158 Va. 586, 164 S.E. 397 (1932) (emphasizing employer may terminate at-will "at any time without more ado")
- Bowman v. State Bank of Keysville, 229 Va. 534, 331 S.E.2d 797 (1985) (recognizing narrow public-policy exception to at-will doctrine)
- Dreher v. Budget Rent-A-Car Sys., Inc., 272 Va. 390, 634 S.E.2d 324 (2006) (standard of review for demurrer: legal questions reviewed de novo)