
                         Roanoke Times
                 Copyright (c) 1995, Landmark Communications, Inc.

DATE: SATURDAY, September 16, 1995                   TAG: 9509180047
SECTION: VIRGINIA                    PAGE: C1   EDITION: METRO 
SOURCE: LESLIE TAYLOR STAFF WRITER
DATELINE:                                 LENGTH: Medium

EX-SPCA WORKERS' LAWSUITS THROWN OUT

A Roanoke Circuit judge on Friday threw out lawsuits filed by three fired employees against the Roanoke Valley Society for the Prevention of Cruelty to Animals, ruling that there was no basis for the workers' claim that they were dismissed without just cause.

Tammy Javier, Barbara Jones and Stephanie Dickenson had filed lawsuits in February 1994 alleging that they were fired for backing a failed attempt to oust Steve Davidson, then-president of the SPCA board of directors, and other board incumbents in an election.

The three were SPCA members as well as employees. As members, they claimed they were entitled to support whomever they wanted, without fear of reprisal.

Judge Diane Strickland ruled a year ago that state law didn't offer redress for claims that the workers were dismissed in retaliation for their actions.

But the judge still had to rule whether a SPCA policies and procedures manual created a contract of employment between the organization and the former employees and, if so, whether that contract was breached when Javier, Jones and Dickenson were fired.

Strickland ruled Friday that the manual was not a sufficient contract. Because it wasn't, the SPCA was not required to have just cause to terminate the employees.

"They had to prove they had a contract to prove we had just cause," said Doug Henson, who represented the SPCA. "The judge said that contract was insufficient and didn't require the SPCA to have just cause to terminate them."

Frank Van Balen, president of the SPCA board, said he was pleased the legal matter was behind the organization.

"We can devote full time to our mission of saving the lives of animals," he said.

Dennis Brumberg, who represented the three employees, said he had expected the ruling. He said he will be talking to Javier, Jones and Dickenson about an appeal.

"It's been a long hard road for them," Brumberg said. "Long ago, they came to the conclusion that they couldn't let this affect their lives."

Javier, Jones and Dickenson have founded the Roanoke Regional Humane Society and plan to open a free spay/neuter clinic. All three are in college - Javier at Hollins College, Jones at Virginia Western Community College and Dickenson at Roanoke College.

"We're going on with life," Javier said. "It's still very sad that we're not able to help with the shelter animals any longer. I think about the animals though. I think about them a lot."

by CNB