Home / Opinion Digests / Employment Law

Employment Law

WDVA: ADEA claim fails after “sham affidavit” ruling (access required)

A federal district judge granted defendants summary judgment after striking the plaintiff’s post-deposition declaration. The court found “egregious” inconsistencies between the declaration and prior deposition testimony. Background Plaintiff Kimberly S. Moore worked as a hospital admissions clerk since 1991. Defendant ...

Read More »

Verbal altercation precluded VEC benefits (access required)

A Virginia circuit court upheld administrative findings that an employee who was fired for yelling profanities at a coworker had committed “misconduct” that disqualified her from receiving unemployment. Background Plaintiff Yolanda A. Bellamy was employed as an environmental service worker ...

Read More »

FLSA attorneys’ fee award vacated (access required)

In awarding attorneys’ fees, the district court failed to exclude time spent for plaintiffs whose claims were time-barred; it also incorrectly determined the percentage of sought damages actually won. Plaintiff Gregory Randolph brought suit against his former employer, Defendant PowerComm ...

Read More »

“Whistleblower’s” Disclosures Not Protected; Termination Warranted (access required)

Appellant William C. O’Hara, a federal contractor’s former employee, did not make protected disclosures of fraud to the contracting agency and, based on his work performance, would have been terminated from employment notwithstanding such disclosures. After winning a contract with ...

Read More »

Latex-Allergy Discrimination Claim Presents a Triable Issue (access required)

Plaintiff Delcie Farmer, a medical employee with a severe latex allergy, may proceed to trial on claims that Defendant HCA Health Services of Virginia subjected her to illegal discrimination under the Americans with Disabilities Act (ADA). Farmer had been employed ...

Read More »

Sierra Club Awarded Partial Fees, Costs for Limited Coal-Ash Victory (access required)

On Plaintiff Sierra Club’s motion to recover fees and costs as the prevailing party, the court granted attorney fees of $457,718 and expert fees of $102,000, as well as certain litigation costs. Sierra Club had sued Virginia Electric & Power ...

Read More »