Virginia Lawyers Weekly VA Lawyers Weekly

Although 15 months elapsed between the date the school board learned about a teacher’s membership in the National Association for the Advancement of Colored People and the decision to not renew her contract, four discrete incidents of retaliatory animus that ...

Tagged with: Employment Discrimination Judge David J. Novak U.S. District Court - Eastern District

Breach of contract claims brought by a teacher who alleges he was improperly terminated after he refused to refer to a transgender male student by male pronouns do not arise under federal law, even though federal law could inform the ...

Tagged with: Employment Judge John A. Gibney Jr. U.S. District Court - Eastern District

A former employee’s factual allegations that he was subjected to differing conduct and comments that were tied to his gender-nonconforming behavior and sexual orientation were sufficient to defeat an association’s motion to dismiss those claims. Background This matter is before ...

Tagged with: Employment Discrimination Judge Michael F. Urbanski U.S. District Court - Western District

Where defendants’ compromise statements were erroneously admitted to prove the validity of the plaintiff’s claim for a commission on the sale of industrial property, and the error was not harmless, the defendants were entitled to a new trial. Background A ...

Tagged with: 4th U.S. Circuit Court of Appeals Contract Judge Albert Diaz

Where an employee was correctly told that his leave under the Family and Medical Leave Act was exhausted, his FMLA interference and retaliation claims failed because his termination stemmed from violation of the attendance policy. His assertion that he believed ...

Tagged with: Employment Discrimination Judge Elizabeth K. Dillon U.S. District Court - Western District

A defaulting employer has been ordered to pay overtime wages, an equal amount for liquidated damages and attorneys’ fees and costs. That same defendant remains liable for a prior award of fees resulting from a successful sanctions motion. Background This ...

Tagged with: Employment Judge T.S. Ellis III U.S. District Court - Eastern District

Where an employer never responded to the employee’s claims for unpaid overtime wages and liquidated damages, the employee was awarded $3,920 in overtime wages, an equal amount as liquidated damages and $8,329.75 in attorneys’ fees and costs. Background Plaintiff filed ...

Tagged with: Employment Judge Theresa C. Buchanan U.S. District Court - Eastern District

Where Facebook claimed a Black employee was not promoted because his white co-worker exhibited better skills, but the promotion decision was influenced by someone who exhibited racism, and there was evidence the plaintiff was more qualified, a jury will decide ...

Tagged with: 4th U.S. Circuit Court of Appeals Employment Discrimination Judge Albert Diaz

Where a teacher produced an email exchange with her lawyer over the receipt of a right-to-sue letter from the EEOC, she waived the privilege as to the contents of that communication and related subjects, including the dismissal notice, the right-to-sue ...

Tagged with: Employment Discrimination Judge M. Hannah Lauck U.S. District Court - Eastern District

Where the former employee’s solicitation of a brokerage’s clients violated a non-solicitation provision in his contract and could result in the brokerage losing future business from the diverted clients as well as referrals, he was enjoined from soliciting the clients. ...

Tagged with: Contract Judge Glen E. Conrad U.S. District Court - Western District