Crosswhite v. Mid-Mountain Foods, Inc., 13 Va. Cir. 8

Summary

The employee was released to return to work, and he allegedly returned to work and quit the same day. The employer discharged him for attempting to perpetrate a fraud, to wit: the filing of a false claim for workers' compensation. The employee contended that he was discharged for having exercised his right to file a claim in violation of Va. Code Ann. § 65.1-40.1, and he then filed the instant lawsuit. After the discharge, the parties had reached a compromise settlement that contained broad, general language that purported to be a general release of all claims. All parties to the agreement were represented by counsel. The issue before the court was whether the parties had contemplated the employee's instant lawsuit when signing the release. The court found that, absent fraud, material misrepresentation, or mutual mistake, the release was effective. The very nature of a general release was that the parties desired to forever settle all matters of every kind or character, known or ...