Thursday, October 27, 2005

Motion to dismiss granted in wrongful discharge case

In Lucker v. Cole Vision Corp., Judge Turk explained in analyzing the plaintiff's Virginia law wrongful discharge claim that (1) the plaintiff must show either that the employer "violated a statutorily created right by firing him" or the plaintiff "had a statutorily imposed duty which he was fired for refusing to violate," and (2) "either that he was clearly within the public group directly entitled to statutory protection" or that the employer "fired him in retaliation because he refused to engage in a criminal act."

The Court concluded that the plaintiff had no claim based on the Virginia Consumer Protection Act.

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