Former city employee filed suit for wrongful termination under Virginia Fraud Against Taxpayers Act (VFATA), seeking back pay as liquidated damages, reinstatement, and special damages, including reinstatement, front pay, and lost pension benefits. Following jury trial, the Circuit Court entered judgment on jury’s award $104,096 in back pay, which was doubled for total of $208,192, and attorney fees, but then denied employee’s subsequent motion for reinstatement, front pay, and lost pension benefits, and then denied reconsideration. Employee appealed.
As matter of first impression, the Supreme Court of Virginia held that:
- Denial of former city employee’s request for front pay in amount of $57,178 was not abuse of discretion, and
- Denial of employee’s request for lost pension compensation was not abuse of discretion.