VanBuren v. Grubb, 733 S.E.2d 919

The Fourth Circuit certified a question to the Virginia Supreme Court about whether the common law tort of wrongful discharge can be brought against an individual who is not the plaintiff's employer but participated in the firing.
The Virginia Supreme Court accepted the certified question and restated it to include a supervisor or manager as the actor who violated public policy during termination.
Angela VanBuren, a nurse, alleged she was fired by Dr. Stephen Grubb from Virginia Highlands Orthopedic Spine Center after refusing his sexual advances; he also offered severance to stay silent.
VanBuren's complaint asserted Title VII against the employer and a wrongful-discharge claim against Grubb and the employer; the district court dismissed as to Grubb, prompting the certification.
The majority concludes Virginia recognizes a wrongful-discharge claim against an individual who participated in the wrongful firing, based on narrow public-policy exceptions and agency principles.
Dissenting Chief Justice Kinser argues the tort cannot be committed by an individual and would reverse the holding, advocating negative disposition.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Whether Virginia recognizes wrongful discharge against non-employer individuals	VanBuren argues individuals who participate in wrongful discharge may be liable.	Grubb contends only the employer can be liable for wrongful discharge.	Yes; Virginia recognizes liability against non-employer individuals who participate in the violation.
Does the personal liability extend to supervisors/managers who violate public policy	Grubb's actions as supervisor implicate public policy and employment relation.	Liability should rest with the employer, not the supervisor.	Yes; supervisors who participate in wrongful discharge may be personally liable.
What is the appropriate scope of the public policy exception in wrongful discharge	The exception should apply to cases where discharge violates public policy, even against individuals.	The public policy exception is narrow and generally limited to employer liability.	The exception is narrow but supports individual liability when the actor violated public policy and participated in the discharge.

Bowman v. State Bank of Keysville, 229 Va. 534, 331 S.E.2d 797 (1985) (authorized public-policy wrongful discharge against employer and directors)
Lockhart v. Commonwealth Education Systems Corporation, 247 Va. 98, 439 S.E.2d 328 (1994) (supervisor liability in wrongful discharge, narrow interpretation)
Mitchem v. Counts, 259 Va. 179, 523 S.E.2d 246 (2000) (public-policy basis for discharge claims)
Rowan v. Tractor Supply Co., 263 Va. 209, 559 S.E.2d 709 (2002) (emphasizes narrow scope of the public-policy exception)
Miller v. SEVAMP, Inc., 234 Va. 462, 362 S.E.2d 915 (1987) (agency/employee tort interaction in public-policy context)
Thurston Metals & Supply Co. v. Taylor, 230 Va. 475, 339 S.E.2d 538 (1986) (agency principle of joint liability)
Miller v. Quarles, 242 Va. 343, 410 S.E.2d 639 (1991) (joint liability principle for employer/employee torts)
PTS Corp. v. Buckman, 263 Va. 613, 561 S.E.2d 718 (2002) (agency-related liability for corporate conduct)