The court has considered the file and counsel briefs on defendant’s plea of statute of limitations.
Plaintiff filed this motion for judgment on November 5, 1990, per Code § 65.1-40.1, contending he was wrongfully terminated from employment by defendant on October 31, 1988, due to his filing a worker’s compensation claim.
Code § 65.1-40.1 does not provide a statute of limitation.
Plaintiff argues this is a contractual claim, and the three-year statute of limitations applies.
However, the court is persuaded by the defendant’s position. A retaliatory discharge claim per § 65.1-40.1 is a personal action in tort and is not a contractual claim. Bowman v. State Bank, 229 Va. 534, 540 (1985); and Miller v. SEVAMP, Inc., 234 Va. 462, 467-468 (1987). Therefore, the one-year statute of limitations for a personal action applies per Code § 8.01-248, where there is no otherwise prescribed limitation. Also, plaintiff’s equitable remedies contention is denied.
Therefore, the defendant’s Plea of the Statute of Limitations is sustained.