Legal Question in Employment Law in Virginia
If an employee declines to want to participate in a work-related project, but is given no specific orders to carry out any instructions related to the project, and it turns out that the company did not participate in the project at all, can the employee have been legally fired for insubordination? And does qualified privilege defend the employer from being sued for defamation?
Asked on 10/27/10, 10:04 am
1 Answer from Attorneys
Michael Hendrickson
Law Office Michael E. Hendrickson
Yes, very likely so (legally fired) unless the employee were protected under an applicable provision of a contract or collective bargaining type of agreement.
Not enough information (in my opinion)to opine as to whether a qualified immunity defense might be applicable in employer's defense to employee's
charge of defamation.
Answered on 11/01/10, 10:20 am
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