With its four-to-three decision in VanBuren v. Grubb, the Supreme Court of Virginia became the latest judicial body to adopt a rule that significantly alters the landscape of employment law. In addition to finding the employer liable, the court held that a supervisor who plays a role in the wrongful discharge of an employee could be held individually liable. In so holding, the Supreme Court of Virginia joined a cluster of other courts whose rulings suggest an emerging trend. The balance of power in American employment law, once squarely in the hands of employers, is slowly oscillating back to employees.
This ruling demonstrates the constant flux that is the common law in the context of the employment law sphere. Such a decision brings about a new hope for employee advocates who strive to dissuade a supervisor’s malevolent conduct that, in violation of state public policy, leads to the employee’s termination. At the same time, however, this holding has led employers both to fear overdeterrence and to question whether this extension of the law is beyond the court’s legal authority.
