James Timothy Cook v. Roanoke Electric Stael Corporation, d/b/a Steel Dynamics Roanoke Bar Division

Roanoke, Virginia employment law lawyer represented the Plaintiff who sued on a violation of Virginia's retaliatory discharged law, Va. Code Ann. §§ 40.1-27.3 and 40.1-51.2:1 (2023. . Cook alleged that RESCO terminated his employment based on his protected act of reporting a potential<br>
safety violation in the workplace.<br>
<br>
<br>
Virginia Code § 40.1-27.3, Virginia's whistleblower statute, provides that "[a]n employer shall not discharge, discipline, threaten, discriminate against, or penalize an employee, or take other retaliatory action . . . because the employee[] . . . in good faith reports a violation of any federal or state law or regulation to a supervisor or to any governmental body or law-enforcement official.” Va. Code Ann. § 40.1-27.3. An employer may defend against an action brought under this statute by showing that an employee made a report "knowing that [it was] false or that [it was] in reckless disregard<br>
of the truth.” Va. Code Ann. § 40.1-27.3(B)(2).<br>
<br>
Similarly, Virginia Code § 40.1-51.2:1 provides that:<br>
<br>
No person shall discharge or in any way discriminate against an employee because the employee has filed a safety or health complaint or has testified or otherwise acted to exercise rights under the safety and health provisions of this title for themselves or others. <br>
<br>
Va. Code Ann. § 40.1-51.2:1. Thus, to state a claim under this section, an employee must assert that (1) he has been terminated or retaliated against for (2) partaking in a protected activity, such as filing a safety or health complaint, and it was (3) related to the safety, health, and welfare of employees.<br>

Motion to dismiss granted.<br>
<br>
Affirmed