a Virginia Anti-Blacklisting Law and Tortious Interference Claims: Protections for Former Employees Seeking New Employment by tcattorneynet | Nov 12, 2021 | Employment Law |
Virginia’s Anti-Blacklisting Law, VA Code § 40.1-27, generally prohibits employers from willfully or maliciously preventing or attempting to prevent a former employee from obtaining new employment. While the statute does not describe a private cause of action, the conduct it prohibits could give rise to common law claims of tortious interference with contractual relationships or business expectancy. These common law claims may also apply to conduct by former employers that is not expressly prohibited by the Anti-Blacklisting Law.
Statutory Text The Anti-Blacklisting Law prohibits any person doing business in Virginia or agent of such person from “willfully and maliciously” preventing or attempting to prevent a former employee from obtaining new employment: No person doing business in this Commonwealth, or any agent or attorney of such person after having discharged any employee from the service of such person or after any employee shall have voluntarily left the service of such person shall willfully and maliciously prevent or attempt to prevent by word or writing, directly or indirectly, such discharged employee or such employee who has voluntarily left from obtaining employment with any other person.