Virginia Lawyers Weekly VA Lawyers Weekly

Three female servers at a restaurant, who alleged that they complained to the owner of the restaurant about repeated sexual harassment by one of their managers and were ultimately forced to resign as a result of the harassment, were entitled ...

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

A school superintendent who allegedly insinuated the former Chief Technology and Information Officer, or CTIO, engaged in dishonest conduct will face claims for defamation and denial of due process for failing to provide the employee a hearing before the information ...

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

Where the Virginia Employment Commission denied plaintiff unemployment benefits because her employer discharged her for doing inaccurate work, the case is remanded for further proceedings. It cannot be determined from the record whether plaintiff’s acts or omissions were a willful ...

Tagged with: Employment Fairfax County Circuit Court Judge Richard E. Gardiner Virginia Circuit Courts

In a class action lawsuit against an employer, the employer was liable for unpaid overtime for out-of-town travel involving an overnight stay even though at least one of the members of the class did not engage in such travel. Background ...

Tagged with: Employment Judge Rebecca Beach Smith U.S. District Court - Eastern District

A Fairfax County school employee failed to plausibly allege facts showing the school board or school officials retaliated against her for filing a prior employment lawsuit. Background Kathleen Munive alleges that defendants violated 42 U.S.C. § 1983 by retaliating against ...

Tagged with: Employment Discrimination Judge Leonie Brinkema U.S. District Court - Eastern District

Where an employee had received negative performance reviews for five years before her termination, and her termination occurred at least five months after she engaged in any protected activity, she could not pursue claims of retaliation against her employer. Background ...

Tagged with: Employment Discrimination Judge Anthony J. Trenga U.S. District Court - Eastern District

An employee’s resignation prior to her reassignment made it impossible to evaluate whether the reassignment could be considered an adverse employment action, and because the resignation was not the result of intolerable working conditions such that it could be deemed ...

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

Where a physical therapist was unable to perform certain job duties after being injured on the job and was terminated shortly after asking her employer for a reasonable accommodation that would have enabled her to perform all essential functions of ...

Tagged with: Employment Discrimination Judge Rebecca Beach Smith U.S. District Court - Eastern District

A plaintiff alleging her former employer deprived her of wages for hours worked can proceed with an unjust enrichment claim as it does not require an interpretation of the collective bargaining agreement, and is thus not preempted by the Labor ...

Tagged with: Employment Judge Jackson L. Kiser U.S. District Court - Western District

A Maryland state agency enjoys 11th Amendment immunity against sexual orientation and disability discrimination claims brought by a former employee because the agency did not consent to suit in federal court. Background This appeal and ongoing proceedings in the District ...

Tagged with: 4th U.S. Circuit Court of Appeals Employment Discrimination Judge Robert B. King