Union Member’s Complaint Not ‘Free Speech’

Employer Had Too Few Employees

By Deborah Elkins
Published: April 25, 2013
Tags: Judge Jean Harrison Clements, Virginia Court of Appeals, Workers' Comp

The Court of Appeals affirms a commission finding that employer lacked the requisite three employees for jurisdiction under Va. Code § 65.2-101: the record supports that at most two employees were required considering the established performance of the work of the business. Employer hobby shop operates daily with one store clerk on the premises, normally [...]

Employer Had No Duty for Employee Parking

By Deborah Elkins
Published: April 25, 2013
Tags: Judge Stephen R. McCullough, Virginia Court of Appeals, Workers' Comp

The Court of Appeals affirms the commission’s determination that employee’s fall in her employer’s parking lot is not compensable: employer was not responsible for maintaining the lot and did not control employee’s selection of parking places. Employee worked as an overnight receptionist at a 24-hour emergency veterinary clinic. At the conclusion of her shift at [...]

No Long-Term Disability for Former Exec

By Deborah Elkins
Published: April 18, 2013
Tags: Employment, Judge Robert G. Doumar, U.S. District Court - Eastern District

A former executive of a trader magazine publishing company loses his ERISA suit seeking long-term disability benefits for his conditions of anxiety, depression and ADD, as a review by four independent physicians does not support his claim; the Norfolk U.S. District Court also denies plaintiff’s claim for over $100,000 in civil penalties for the company’s [...]

Pay-Raise Denial States Race Bias Claim

By Deborah Elkins
Published: April 16, 2013
Tags: Employment Discrimination, Judge Glen E. Conrad, U.S. District Court - Eastern District

A Big Stone Gap U.S. District Court says plaintiff VDOT employee has stated a Title VII race discrimination claim based on allegations that he was denied a pay raise because of his status as a Caucasian, but the court dismisses plaintiff’s claim of discriminatory discipline because the comparator he cites is an African-American manager that [...]

Title VII Sex-Stereotyping Claim Advances

By Deborah Elkins
Published: April 16, 2013
Tags: Employment Discrimination, Judge Robert E. Payne, U.S. District Court - Eastern District

A pro se plaintiff who complained to the management of defendant temporary staffing agency, his employer, about only being assigned to jobs when no one else was available and of being repeatedly subjected to insults and a threat of violence, related to his not conforming to stereotyped male gender norms, has stated gender discrimination and [...]

City Worker Can Grieve Discipline, But Not Discharge

By Deborah Elkins
Published: April 5, 2013
Tags: Employment, Judge Charles E. Poston, Norfolk Circuit Court, Virginia Circuit Courts

Although the former assistant director of a victim/witness assistance program may grieve her discipline for violating an office policy on rental car use, she may not grieve her dismissal, as grievance of termination for “special project” employees such as plaintiff is expressly disallowed by the city code, says a Norfolk Circuit Court. As a result [...]

Second Knee Surgery Justifiably Declined

By Deborah Elkins
Published: April 1, 2013
Tags: Judge Larry G. Elder, Virginia Court of Appeals, Workers' Comp

The Court of Appeals affirms the commission decision reinstating disability benefits to a convenience store assistant manager who suffered a compensable injury to her right knee; the record supports the commission finding that considering all of the circumstances, employee reasonably declined the second knee surgery her treating physician recommended. In July 2008, employee suffered a [...]

‘European’ is Protected National Origin, But Suit Fails

By Deborah Elkins
Published: April 1, 2013
Tags: Employment Discrimination, Judge James C. Cacheris, U.S. District Court - Eastern District

An Alexandria U.S. District Court says “European” is a protected “national origin” classification under Title VII, but nevertheless grants summary judgment to a Northern Virginia community college sued by a former adjunct economics professor who says he suffered illegal discrimination when he was denied permanent appointment. Plaintiff has a Ph.D. in economics from Harvard University [...]

Stopping Long-Term Disability Was ‘Reasonable’

By Deborah Elkins
Published: March 29, 2013
Tags: Employment, Judge Jackson L. Kiser, U.S. District Court - Western District

A woman who took medical retirement from the U.S. Army at age 35 due to depression and fibromyalgia, and who later left private employment and received long-term disability benefits under an ERISA-qualified plan and social security disability benefits for her fibromyalgia, cervical stenosis and back pain, is not entitled to continued long-term disability benefits, says [...]