Legal Question in Consumer Law in Virginia

Wrongful termination for reporting sale of substandard octane gasoline

I am a former Virginia Department of Agriculture and

Consumer Services (VDACS)-Office of Products and Industry

Standards (OPIS) Northern Virginia Regional Inspection

Supervisor. I was a classified employee with 20

years of seniority, and a veteran.I was isolated from the

workplace for 15 months then wrongfully discharged (laid off)

on November 9, 2008 for reporting matters of public concern

which included VDACS-OPIS knowingly allowing the continued

admitted sale of substandard octane gasoline by large

petroleum distributors through the pipelines from Texas to

multiple states as well as most major petroleum suppliers

which were found through official sample and analysis by the

Virginia Motor Fuel Laboratory not to meet the requirements

and specifications of the Clean Air Act (CAA) and 40CFR80,

and the Petroleum Marketing Practices Act (PMPA)-FTC Octane

Rule 16CFR306 (i.e. advertising 93gasoline at 87 octane )

I have extensive documentry evidence and have already

reported to federal law enforcement to which I was a source.

I have been denied layoff documents requested by FOIA, had

documents destroyed and back dated.

Are classs action suits or a 1983 action the way to get this

exposed?


Asked on 3/14/09, 11:11 am

1 Answer from Attorneys
Michael Hendrickson Law Office Michael E. Hendrickson

Re: Wrongful termination for reporting sale of substandard octane gasoline

As I recently suggested in another case involving alleged wrongful termination, I would suggest that you arrange for a consultation with a

Virginia lawyer who regularly handles employment and labor law matters to explore the possibility

of whether the circumstances of your termination might possibly constitute a so-called Bowman public policy exception to the Virginia law which normally governs such matters as well as any other remedies which might possibly be applicable to your situation.

(I assume that as a classified state employee with some 20 years of service that you've already initiated a grievance proceeding regarding the circumstances of your separation from state employment.)

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Answered on 3/15/09, 12:05 pm


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