O’Hagan Meyer Secures Early Dismissal of Employment Claim in Norfolk General District Court

O’Hagan Meyer partner Michael Pierce and associate Kara White secured a significant victory on behalf of a nonprofit organization specializing in human service solutions, including respite care and home childcare services, in Norfolk General District Court.

The lawsuit was brought by a former employee who submitted her resignation approximately sixty days before her intended last day of work. About thirty days later, after completing her remaining work responsibilities, the employer ended her employment rather than keeping her on payroll for an additional month with no remaining work to perform. The employer did, however, maintain the employee’s health benefits throughout the remainder of the notice period. Although the Plaintiff acknowledged that the employer had the right to end her employment earlier than the date listed in her resignation letter, she claimed she was entitled to receive wages through her preferred end date.

In response to the Plaintiff’s claims, Kara White drafted and argued a Demurrer based on Virginia’s at-will employment law. O’Hagan Meyer argued that the Plaintiff had no legal entitlement to be paid through her preferred departure date and had failed to state a viable claim.

Following a hearing, Judge Joseph Myers granted the Demurrer, finding that, even accepting the employee’s allegations as true, she had no legal entitlement to additional compensation and had not alleged any facts that altered the at-will nature of the employment relationship. The Court treated the Demurrer as a Motion for Summary Judgment, resulting in a complete victory for the client and bringing the matter to a close.

The outcome resolved the dispute in the client’s favor while reinforcing the protections afforded by Virginia’s at-will employment law.