Wimmer v. New Millennium Building Systems, LLC

Summary

The United States District Court for the Western District of Virginia considers New Millennium Building Systems, LLC’s second motion to dismiss a Virginia whistleblower-retaliation claim. The court holds that Chris Wimmer plausibly alleged that he made a good-faith report of workplace safety violations and rejects the argument that Virginia’s workplace-safety statutes provide the exclusive remedy. The motion to dismiss Count I is denied.

Holdings

1. The amended complaint plausibly alleged that Wimmer made a good-faith report of violations of federal or state law because it linked the reported unsecured forklift-loading practice and resulting safety hazard to OSHA, VOSH, and workplace-safety statutes and regulations.
2. The court declined to hold that Virginia Code §§ 40.1-51.2:1 and 40.1-51.2:2 exclusively preclude a claim under Virginia Code § 40.1-27.3. The two statutes create different rights and remedies, and nothing in the Whistleblower Protection Statute or its legislative history indicates that workplace-safety violations are excluded from its scope.

Questions Presented

1. Whether the amended complaint plausibly alleged that Wimmer made a good-faith report of a violation of federal or state law to a supervisor under Virginia Code § 40.1-27.3.
2. Whether Virginia Code §§ 40.1-51.2:1 and 40.1-51.2:2 provide the exclusive remedy for Wimmer's workplace-safety retaliation claim and thereby preclude his claim under Virginia Code § 40.1-27.3.

Disposition

other