Flight Attendants’ Suit Transferred

Second Carrier Covers Later Disability Benefits

By Deborah Elkins
Published: March 20, 2013
Tags: Judge Randolph A. Beales, Virginia Court of Appeals, Workers' Comp

In this coverage dispute between two workers’ compensation carriers, the Court of Appeals holds that the carrier that was liable for claimant’s most recent compensable condition was responsible for payment of claimant’s ongoing temporary total disability benefits. On all dates relevant to compensability, claimant was employed as an electrician for S&S Electric Inc. Until April [...]

Fired for False Records, Retaliation Claim Fails

By Deborah Elkins
Published: March 20, 2013
Tags: 4th U.S. Circuit Court of Appeals, Employment Discrimination, Judge Allyson K. Duncan

A woman terminated for falsifying time records cannot win her Title VII case alleging she was fired in retaliation for complaining about not being allowed to wear ripped jeans, although men could wear ripped jeans; the 4th Circuit also says her supervisor’s thank-you hug for Christmas cookies she gave him was not assault and battery. [...]

Employee Fired After Probation Term

By Deborah Elkins
Published: March 20, 2013
Tags: Employment Discrimination, Judge James R. Spencer, U.S. District Court - Eastern District

The Virginia Housing Development Authority wins summary judgment in a former employee’s suit alleging race and/or sex discrimination; the Richmond U.S. District Court says plaintiff was warned about boundaries for workplace relationships and violated conditions of her probation, prompting her termination. Plaintiff, an African-American female, was formerly employed in the Information Technology Services Department at [...]

Bank Says TARP Prohibits Severance for Ex-CEO

By Deborah Elkins
Published: March 20, 2013
Tags: Employment, Judge Mark Davis, U.S. District Court - Eastern District

Plaintiff banks may not use a federal declaratory judgment action to avoid paying a former executive a Severance Allowance, which they say is not owed under his Employment Agreement amended to conform to TARP regulations prohibiting “golden parachute” payments; the Norfolk U.S. District Court says the mere fact that TARP is implicated in the case [...]

Retiree Wins ‘Retroactive’ Pension Benefits

By Deborah Elkins
Published: March 14, 2013
Tags: 4th U.S. Circuit Court of Appeals, Employment, Judge James A. Wynn Jr.

A retired AT&T employee wins her ERISA suit for recoupment of $121,563.90 in pension benefits due to an eight-year delay in receipt of her full pension benefits; the 4th Circuit says the district court properly considered limited evidence outside the administrative record but known to AT&T when it determined the employee’s eligibility for benefits, and [...]

Ex-Husband Can’t Keep ERISA Benefits

By Deborah Elkins
Published: March 13, 2013
Tags: Employment, Judge Diana Gribbon Motz, U.S. District Court - Eastern District

A man who waived his benefits under his ex-wife’s ERISA retirement and insurance plans in a divorce settlement cannot rely on the preemption doctrine for protection from a state court action by the ex-wife’s parents to enforce the divorce decree in which husband waived his rights; the 4th Circuit says ERISA does not preempt post-distribution [...]

Merchandise Hook Caused Compensable Injuries

By Deborah Elkins
Published: March 12, 2013
Tags: Judge Rossie D. Alston Jr., Virginia Court of Appeals, Workers' Comp

The Court of Appeals affirms the Virginia Workers’ Compensation Commission award of benefits to a 65-year old cashier who injured her left knee, arm and shoulder complying with a request to take a break; the commission correctly found employee’s fall when her purse strap caught on a merchandise hook arose out of and in the [...]

No Summary Judgment on Severance Claim

By Deborah Elkins
Published: March 12, 2013
Tags: Employment Discrimination, Judge Norman K. Moon, U.S. District Court - Western District

The Lynchburg U.S. District Court denies employer summary judgment finding material disputes on whether employer revoked a severance offer and transferred employee without terminating him; employee’s admitted failure to file a timely complaint with the EEOC requires dismissal of his federal age discrimination claim but diversity jurisdiction is present. Employee over age 40 works as [...]

Hostile Environment Allegations Insufficient

By Deborah Elkins
Published: March 12, 2013
Tags: Employment Discrimination, Judge Henry E. Hudson, U.S. District Court - Eastern District

The Richmond U.S. District Court dismisses with prejudice a pro se Virginia State University (VSU) professor’s hostile work environment claim arising out the reduction of her 2007 annual salary offer from $72,500 to $65,000; her Equal Pay Act (“EPA”) claim is dismissed without prejudice; a state law breach of contract claim is dismissed with prejudice [...]