McFarland v. Virginia Retirement Services of Chesterfield, L.L.C.

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In Brief

The court held that a mandated reporter cannot be fired in retaliation for fulfilling their obligations in providing information about abuse allegations.

What Happened in Court

Penny McFarland was the activities director for Magnolia, a retirement home in Virginia. In June 2006, someone filed a safety complaint against the retirement home for taking its residents out for a walk in 95-degree weather. McFarland complied with the subsequent investigation and spoke with an inspector from the state licensing board. Magnolia fired her a couple days later, claiming she was responsible for the disputed walk. McFarland claimed the firing was retaliation for her participation in the safety investigation.

The court found that, as a mandated reporter, McFarland had an obligation to provide information regarding the safety allegations, and that her termination violated Virginia public policy.