Former employee alleges Priority Lexus Virginia Beach retaliated after safety complaints and injury reports

Walter E. Hoffman US Courthouse
Walter E. Hoffman US Courthouse
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A former automotive employee claims he was terminated after raising concerns about hazardous working conditions and reporting a work-related injury to both management and state authorities. The complaint was filed by Rodney Nathaniel in the United States District Court for the Eastern District of Virginia on April 11, 2026, naming Priority Automotive Virginia Beach, Inc., doing business as Priority Lexus Virginia Beach, and several unnamed individuals as defendants.

According to the court filing, Nathaniel began working at the dealership in September 2015 as a “Get Ready Prep” employee. His duties involved exposure to water, cleaning chemicals, and equipment within the car wash tunnel area. The complaint states that during his employment—spanning more than ten years—Nathaniel met performance expectations without significant disciplinary issues.

The document details that Nathaniel repeatedly reported dangerous conditions in the car wash tunnel to supervisors and management. These included standing water, corrosive chemical exposure, inadequate drainage, rust hazards, and insufficient personal protective equipment (PPE). Written communications from 2023 and August 2024 are cited as evidence of these reports. Despite these warnings, Nathaniel alleges that meaningful corrective action or adequate protective gear was not provided.

On October 24, 2024, Nathaniel suffered a foot injury while working in wet conditions with chemical exposure. He reported this incident to management and Human Resources but was allegedly told by Service Manager Dave Adams to use his own short-term disability insurance rather than treating it as a work-related event eligible for workers’ compensation. The complaint asserts that the injury was initially not recorded on required OSHA logs.

Following this incident, Nathaniel filed formal safety complaints with both the Virginia Occupational Safety and Health Program (VOSH) and OSHA regarding hazardous conditions in the car wash tunnel. VOSH conducted an on-site inspection on April 29, 2025. Investigators reportedly confirmed multiple violations including uncovered floor drains creating slip hazards; employees working with hazardous chemicals without proper PPE training; blocked eyewash stations; improperly connected electrical cords; and unlabeled chemical containers.

On October 6, 2025—thirty days before Nathaniel’s termination—VOSH issued five serious citations against Priority Automotive Virginia Beach totaling $24,590 in proposed penalties. These citations addressed many of the hazards previously reported by Nathaniel. In addition to external complaints, Nathaniel made an internal report in October 2025 regarding alleged misconduct by Human Resources related to recordkeeping discrepancies about his injury.

Shortly after this internal complaint, according to the lawsuit, defendants implemented a new theft policy which Nathaniel was required to sign on October 28, 2025. On November 3, he requested paid time off for mental health reasons linked to workplace stress but did not receive payment despite initial approval. The next day Service Manager Dave Adams allegedly accused him of theft from customer vehicles in front of other employees.

Nathaniel’s employment was terminated on November 5, 2025. He claims he was told his department was being shut down but alleges this reason is false since at least four coworkers performing similar duties were retained. The complaint argues that shifting explanations—including reduction in force or theft-policy issues—were pretextual for retaliation tied to his protected activities under state law.

The lawsuit asserts five counts: retaliation for safety complaints under Va. Code §40.1-51.2:1; retaliatory discharge under the Virginia Whistleblower Protection Act; wrongful discharge violating public policy; retaliation under Title VII of the Civil Rights Act; and defamation per se due to public accusations of theft made by management.

Nathaniel seeks back pay with interest from date of termination through judgment; reinstatement or front pay; compensatory damages for emotional distress; punitive damages where permitted by law; presumed damages for defamation per se; attorney’s fees and costs; as well as any further relief deemed appropriate by the court.

The case is identified as Case No.: 2:26-cv-00367-RBS-DEM. Rodney Nathaniel is represented by Stephen C. Teague of Law Office of Stephen C. Teague based in Newport News.

Source: 226cv00367_Nathaniel_v_Priority_Automotive_Virginia_Beach_Inc_Complaint_Eastern_District_Virginia.pdf



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