No Interlocutory Appeal for Overtime-Pay Class

Pro Se Employer Loses Case

By Deborah Elkins
Published: February 14, 2013
Tags: Per Curiam Opinion, Virginia Court of Appeals, Workers' Comp

An employer challenging an award of workers’ comp benefits has waived its issues on appeal by failing to comply with procedural rules, including proper binding of the brief and appendix, including assignments of error and a statement of facts; the Court of Appeals finds employer’s failure to comply with the rules to be significant and [...]

Pro Se Claimant Loses on Procedure

By Deborah Elkins
Published: February 14, 2013
Tags: Per Curiam Opinion, Virginia Court of Appeals, Workers' Comp

In light of the pro se claimant’s many procedural errors, the Court of Appeals finds no merit in his appeal of a denial of his claims for wage loss benefits, disfigurement and medical expenses. Claimant’s opening brief fails to include a table of contents, table of authorities, assignments of error, standard of review and citation [...]

Many Symptoms, But No Short-Term Disability

By Deborah Elkins
Published: February 14, 2013
Tags: Employment, Judge Samuel G. Wilson, U.S. District Court - Western District

A customer-service representative for a health care company was not entitled to short-term disability under the employer’s ERISA-qualified plan, as the medical documentation of her extensive range of symptoms did not support her claim that she could not perform her sedentary job; the Roanoke U.S. District Court grants summary judgment to defendant employer. The plan’s [...]

Discount Store Settles Title VII Claim

By Deborah Elkins
Published: February 14, 2013
Tags: Employment Discrimination, Judge Henry E. Hudson, U.S. District Court - Eastern District

A Richmond U.S. District Court enters a consent order in this suit filed by the EEOC against defendant discount store, and orders defendant to pay the victim $45,000 to settle her claims of hostile environment based on sex and constructive discharge. In the event defendant is contacted for a job reference for plaintiff former employee, [...]

No Age Bias in Nurse’s Dismissal

By Deborah Elkins
Published: February 12, 2013
Tags: Employment Discrimination, Judge James P. Jones, U.S. District Court - Western District

A 46-year old nurse at a nursing home loses her suit alleging she was terminated because of age discrimination, as employer has demonstrated the nurse had a documented history of complaints by colleagues and families of residents of the nursing home about the nurse’s conduct; the Big Stone Gap U.S. District Court grants summary judgment [...]

Employer Says Male Had Better Interview

By Deborah Elkins
Published: February 4, 2013
Tags: Employment Discrimination, Judge Glen E. Conrad, U.S. District Court - Western District

A state agency cannot win summary judgment in this sex discrimination case filed by a female engineer who lost out on a promotion when VDOT hired a less experienced male; an Abingdon U.S. District Court says VDOT’s “meager” and subjective explanation that the male performed better during an interview does not defeat plaintiff’s claim of [...]

No Hire Not Pretext for Religious Bias

By Deborah Elkins
Published: February 4, 2013
Tags: Employment Discrimination, Judge James C. Turk, U.S. District Court - Western District

A job applicant at Sam’s Club loses his suit alleging religious discrimination under Title VII allegedly based on his statement during an interview that his religion kept him from working on Sundays; the Roanoke U.S. District Court grants summary judgment to defendant. Based on the job interviewer’s statements to plaintiff in the interview, the court [...]

Plant Could Not Accommodate Vision Loss

By Deborah Elkins
Published: February 4, 2013
Tags: Employment Discrimination, Judge Samuel G. Wilson, U.S. District Court - Western District

A former employee at a heavy truck manufacturing plant, who was placed on long-term disability after he lost his peripheral vision and employer determined he was unable to safely perform any job at the plant, has failed to suggest any reasonable accommodation employer might have made, and the Roanoke U.S. District Court grants summary judgment [...]

Surveillance Video Thwarts Disability Claim

By Deborah Elkins
Published: February 4, 2013
Tags: Employment, Judge Claude M. Hilton, U.S. District Court - Eastern District

Although a former credit policy manager for Freddie Mac who suffers from fibromyalgia and sleep apnea won social security benefits, the objective medical evidence, as well as surveillance video showing plaintiff walking, driving, raking, dragging garbage cans, golfing and carrying items including her golf bag, support a denial of long-term disability benefits; the Alexandria U.S. [...]