Racial Discrimination Again Insufficiently Plead

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. [...]

Ex-Employee Faces Business Tort Claims

By Deborah Elkins
Published: January 29, 2013
Tags: Employment, Judge Henry E. Hudson, U.S. District Court - Eastern District

In this litigation arising from a group of employees leaving plaintiff Alliance Technology Group LLC to join a competitor, Achieve 1 LLC, a Richmond U.S. District Court says Alliance has stated claims against one former employee for breach of fiduciary duty, aiding and abetting a breach of fiduciary duty, misappropriation of trade secrets and tortious [...]

FedEx didn’t violate employee’s FMLA rights, says 4th Circuit

By Virginia Lawyers Weekly
Published: January 28, 2013
Tags: Employment, Federal Courts

FedEx didn’t violate the Family and Medical Leave Act when it suspended and terminated a courier upon her return from medical leave, the 4th Circuit has ruled in affirming a summary judgment. The plaintiff worked for FedEx as a mail courier. After injuring her knee making a delivery, the plaintiff informed FedEx that she would [...]

Employee Has Respondeat Superior Claim

By Deborah Elkins
Published: January 17, 2013
Tags: Employment, Fairfax County Circuit Court, Judge Jonathan C. Thacher, Virginia Circuit Courts

A woman who was hired at age 18 to manage two Wireless Unlimited stores in Vienna, and who alleges the store owner’s 35-year-old friend, who was allowed to act as a store manager, openly threatened her with sexual assault, cursed at her, called her names and sexually assaulted her after taking her home from a [...]

Driver Fired for False Records, Not FMLA Leave

By Deborah Elkins
Published: January 17, 2013
Tags: 4th U.S. Circuit Court of Appeals, Employment, Judge J. Harvie Wilkinson III

Because defendant FedEx had sufficient evidence that plaintiff had falsified delivery records to gain time, it could terminate her employment as a delivery driver even though she claims she was terminated in violation of the Family & Medical Leave Act when she was not returned to her prior employment after a knee injury; the 4th [...]

No ERISA Claim Against BOA Benefits Committee

By Deborah Elkins
Published: January 17, 2013
Tags: 4th U.S. Circuit Court of Appeals, Employment, Judge Andre M. Davis

The 4th Circuit upholds dismissal of a putative class claim by participants in two BOA retirement plans, alleging defendant members of the Bank’s Corporate Benefits Committee breached their ERISA fiduciary duties by putting Bank-affiliated mutual funds in the Bank’s 401(k) investment menu; the district court did not err in dismissing claims related to the Pension [...]

National Guardsman Can Sue Hospital

By Deborah Elkins
Published: January 11, 2013
Tags: Employment, Judge Robert E. Payne, U.S. District Court - Eastern District

A physician’s assistant who alleges defendant hospital terminated him because of a scheduling conflict with his Army National Guard service may sue the hospital for violation of the Uniformed Services Employment and Reemployment Rights Act, 38 U.S.C. § 4301 et seq.; plaintiff’s allegation that he informed the hospital that he would seek other employment because [...]

ERISA Benefits Cover Overdose ‘Accident’

By Deborah Elkins
Published: January 11, 2013
Tags: Employment, Judge Henry E. Hudson, U.S. District Court - Eastern District

A Richmond U.S. District Court says an ERISA plan administrator abused its discretion in denying accidental death benefits to the widower of a woman who died while under the care of her treating physician, as the plan administrator’s analysis of the claim does not employ a reasonable definition of the term “accident.” The plan does [...]

Transit Supervisor Fired for Breaking Rule

By Deborah Elkins
Published: January 7, 2013
Tags: Employment, Judge John A. Gibney Jr., U.S. District Court - Eastern District

A transit management company wins summary judgment in a former field supervisor’s suit alleging violation of the Fair Labor Standards Act and defamation based on communication about the company’s receipt of a customer complaint concerning plaintiff. The company allegedly received a complaint that plaintiff had told a customer that if the customer had something to [...]