Defense of employment claims may change

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 [...]

Supervisor liable, but employer is not, on ‘Bowman’ claim – $6,713 Verdict

By Virginia Lawyers Weekly
Published: April 1, 2013
Tags: Employment, Suffolk Circuit Court

William Hanson sued his former employer, 1 Foot 2 Foot and its owner/supervisor, Dr. Matthew C. Dairman, for wrongful discharge. Hanson’s theory of recovery was retaliatory discharge against public policy, first recognized in Bowman v. State Bank of Keysville, 229 Va. 534 (1985). Hanson claimed that Dairman fired him because Hanson would not allow his [...]

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 [...]

Holiday hug from boss was not ‘battery’

By Deborah Elkins
Published: March 21, 2013
Tags: Employment, Federal Courts, Judge Allyson K. Duncan

A female employee who complained that males could wear ripped jeans, but she was sent home to change, lost her suit alleging she was fired in retaliation for her complaint. The 4th U.S. Circuit Court of Appeals said Karen B. Balas failed to prove she was fired because she complained about sex discrimination, and not [...]

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 [...]

New federal I-9 form applies to all

By Virginia Lawyers Weekly
Published: March 15, 2013
Tags: Employment

The Department of Homeland Security published a new form for verifying employment eligibility on March 8, and every business in America needs to pay attention. “This affects every U.S. employer,” said Christine Mehfoud, an immigration lawyer in Richmond. Form I-9 is one of the standard forms that an employer asks a new employee to complete [...]

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 [...]

Employers ignore union info requests at their peril

By Dolan Media Newswires
Published: March 11, 2013
Tags: Employment, Federal Courts

The National Labor Relations Board recently ruled that an employer committed an unfair labor practice — or ULP — by failing to respond “in a reasonably timely manner” to a union information request concerning bargaining-unit employees, even though the information sought by the union ultimately was found to be irrelevant to the union’s role as [...]