Blanchard v. Capital One Services, L.L.C.

91 Va. Cir. 320, 2015 Va. Cir. LEXIS 198
CourtFairfax County Circuit Court
DecidedOctober 26, 2015
DocketCase No. CL-2015-0006937
StatusPublished

This text of 91 Va. Cir. 320 (Blanchard v. Capital One Services, L.L.C.) is published on Counsel Stack Legal Research, covering Fairfax County Circuit Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Blanchard v. Capital One Services, L.L.C., 91 Va. Cir. 320, 2015 Va. Cir. LEXIS 198 (Va. Super. Ct. 2015).

Opinion

By Judge Penney S. Azcarate

This case came before the Court on September 25,2015, for a hearing on the Defendant’s Demurrer, Plaintiff’s Opposition, and Defendant’s Reply. Having taken the Demurrer matter under advisement and after reviewing the memoranda of law and arguments submitted by counsel, the Court issues the following opinion overruling the Demurrer.

Background

Plaintiff filed his Complaint on May 28, 2015, alleging Wrongful Discharge, pursuant to Va. Code § 40.1-29 (“Wage and Payment Act”), which protects employees’ payroll and wages from being improperly deducted or withheld during employment and upon termination of employment. Plaintiff claims that he was terminated because he sought payment of his earned bonus, not for any alleged misconduct. At issue is whether Plaintiff’s withheld bonus violates the limited exception to at-will employment, a discharge in violation of public policy.

The Complaint specifically states that Plaintiff was eligible for performance-based bonuses through his position as Unit Manager and he was then informed by his direct supervisor that he had earned an $11,000 [321]*321performance based bonus after a positive 2014 annual performance review. Compl. ¶¶ 8-9. Later, when Plaintiff attempted to ensure that he would receive his awarded bonus that he was entitled to and asserted his right to such bonus, Plaintiff was subsequently terminated and was refused the payout of his earned bonus. Compl. ¶¶ 16, 18, & 19.

In this Complaint, Plaintiff states that the Wage and Payment Act of Va. Code § 40.1-29 protects employees’ payroll and wages from being improperly deducted or withheld, both during employment and upon termination of employment and this is contrary to Virginia public policy to withhold or deny due compensation to an employee for work performed upon that employee’s termination without written and signed authorization of the employee. Compl. ¶¶ 20-22. Plaintiff further alleges that Defendant terminated his employment after he insisted upon the payment of his earned and due bonus in direct violation of Virginia’s public policy and in direct contravention of Plaintiff’s property rights in his right to compensation under Va. Code § 40.1-29. Compl. ¶¶ 24-25.

Subsequently, Defendant filed the instant Demurrer to Plaintiff’s Complaint on July 2, 2015, claiming that the Complaint fails to state a claim upon which relief could be granted. Specifically, Defendant alleges that Plaintiff does not have a cause of action for wrongful discharge because he is unable to identify any Virginia statute establishing a public policy that Defendant has violated. Moreover, in the alternative, even if the Court were to find an operative public policy in support of Plaintiff’s claim of wrongful discharge under Va. Code § 40.1-29, Plaintiff’s bonus was merely a discretionary bonus that does not rise to the level of “wages or salaries” as contemplated by Va. Code § 40.1-29.

Analysis

The purpose of a demurrer is to determine whether a complaint states a cause of action upon which relief may be granted. Bell v. Saunders, 278 Va. 49, 53, 677 S.E.2d 39, 40-41 (2009). A demurrer admits the truth of the facts contained in the pleading to which it is addressed as well as any facts that may be reasonably and fairly implied and inferred from those allegations. Yuzefovsky v. St. John’s Wood Apartments, 261 Va. 97, 102, 540 S.E.2d 134, 136 (2001). In considering a demurrer, the court is limited to review of the complaint and any attachments to the complaint. TC MidAtlantic Dev., Inc. v. Commonwealth, 280 Va. 204, 212, 695 S.E.2d 543, 548 (2010). To withstand demurrer, a complaint need only contain “sufficient allegations of material facts to inform a defendant of the nature and character of the claim,” and need not “descend into statements giving details of proof.” CaterCorp, Inc. v. Catering Concepts, Inc., 246 Va. 22, 24, 431 S.E.2d 277, 279 (1993).

A demurrer, thus, tests the legal sufficiency of a pleading and should be sustained if the pleading fails to state a valid cause of action when viewed [322]*322in the light most favorable to the plaintiff. Va. Code Ann. § 8.01-273; see Sanchez v. Medicorp Health Sys., 270 Va. 299, 303, 618 S.E.2d 331, 333 (2005). Further, a demurrer cannot be used to decide the merits of a case, lest a trial court may incorrectly short-circuit litigation pretrial and determine a dispute without permitting the parties to reach a trial on the merits. See Assurance Data, Inc. v. Malyevac, 286 Va. 137, 139, 747 S.E.2d 804, 805 (2013).

A. Wrongful Discharge

Virginia strongly adheres to the common law employment-at-will doctrine. Bailey v. Scott-Gallaher, Inc., 253 Va. 121, 123, 480 S.E.2d 502, 503 (1997). An employment relationship is presumed to be “at-will,” where the employment term extends for an indefinite period and may be terminated by the employer or employee for any reason upon reasonable notice. Dray v. New Market Poultry Products, 258 Va. 187, 190, 518 S .E.2d 312, 313 (1999). Accordingly, the traditional rule is that at-will employees have no cause of action for wrongful discharge. See Miller v. SEVAMP, Inc., 234 Va. 462, 465, 362 S.E.2d 915, 917 (1987).

However, the Supreme Court noted a narrow exception to this rule, where the Court will recognize a wrongful discharge action for at-will employees when the reason for termination violates public policy. Bowman v. Stale Bank of Keysville, 229 Va. 534, 539-40, 331 S.E.2d 797, 801 (1985). To constitute a wrongful discharge under the “public policy” exception, the policy expressed by the statute must fit into one of two categories. City of Virginia Beach v. Harris, 259 Va. 220, 232, 523 S.E.2d 239, 245 (2000). The first instance involves laws containing explicit statements of public policy (e.g. “It is the public policy of the Commonwealth of Virginia [that] . . .”). Id. at 232 (internal citations omitted). The second category involves laws that do not explicitly state a public policy, but instead are designed to protect the “property rights, personal freedoms, health, safety, or welfare of the people in general,” where such laws must be in furtherance of “an [underlying] established public policy” that the discharge from employment violates. Id. at 232-33 (internal citations omitted).

The Supreme Court has gone on to hold that viable Bowman

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Related

Tc Midatlantic Dev. v. Dept. of Gen. Svcs.
695 S.E.2d 543 (Supreme Court of Virginia, 2010)
Bell v. Saunders
677 S.E.2d 39 (Supreme Court of Virginia, 2009)
Sanchez v. Medicorp Health System
618 S.E.2d 331 (Supreme Court of Virginia, 2005)
Rowan v. Tractor Supply Co.
559 S.E.2d 709 (Supreme Court of Virginia, 2002)
Yuzefovsky v. St. John's Wood Apartments
540 S.E.2d 134 (Supreme Court of Virginia, 2001)
City of Virginia Beach v. Harris
523 S.E.2d 239 (Supreme Court of Virginia, 2000)
Dray v. New Market Poultry Products, Inc.
518 S.E.2d 312 (Supreme Court of Virginia, 1999)
Bailey v. Scott-Gallaher, Inc.
480 S.E.2d 502 (Supreme Court of Virginia, 1997)
Bowman v. State Bank of Keysville
331 S.E.2d 797 (Supreme Court of Virginia, 1985)
Miller v. Sevamp, Inc.
362 S.E.2d 915 (Supreme Court of Virginia, 1987)
CaterCorp, Inc. v. Catering Concepts, Inc.
431 S.E.2d 277 (Supreme Court of Virginia, 1993)
Millsap v. Synon, Inc.
19 Va. Cir. 261 (Fairfax County Circuit Court, 1990)
Lester v. TMG, Inc.
896 F. Supp. 2d 482 (E.D. Virginia, 2012)

Cite This Page — Counsel Stack

Bluebook (online)
91 Va. Cir. 320, 2015 Va. Cir. LEXIS 198, Counsel Stack Legal Research, https://law.counselstack.com/opinion/blanchard-v-capital-one-services-llc-vaccfairfax-2015.