Virginia Lawyers Weekly VA Lawyers Weekly

A workers’ compensation carrier has no lien for a negotiated lump-sum settlement of a claimant›s future benefits in a tort action against a third party. Under Noblin v. Randolf Corp., 180 Va. 345 (1942), and Slusher v. Paramount Warrior, 336 F. Supp. ...

Tagged with: Buckingham County Circuit Court Employment Judge Donald Carl Blessing Virginia Circuit Courts Workers' Compensation

An employee with a felony record was not discharged when his employer announced that employees would be subject to background checks and let go if they were felons. Rather, he voluntarily terminated his own employment in anticipation of discharge and ...

Tagged with: Employment Judge David W. Lannetti Norfolk Circuit Court Virginia Circuit Courts Workers' Compensation

Fired the day after asking for grievance paperwork, a black employee reasonably believed she was subject to a hostile work environment that was attributable to her employer. The district court erred in granting summary judgment against her. Background In August ...

Tagged with: 4th U.S. Circuit Court of Appeals Employment Employment Discrimination Judge Roger L. Gregory

Fired the day after asking for grievance paperwork, a black employee reasonably believed she was subject to a hostile work environment that was attributable to her employer. The district court erred in granting summary judgment against her. Background In August ...

Tagged with: 4th U.S. Circuit Court of Appeals Civil Rights Employment Employment Discrimination Judge Roger L. Gregory Municipal

Genuine factual disputes remained as to whether a former university contract employee suffered pay discrimination. A male comparator with essentially equal duties received a significantly greater starting salary. Background In the fall of 2012, University of Virginia President Sullivan developed ...

Tagged with: Civil Rights Employment Employment Discrimination Judge Norman K. Moon U.S. District Court - Western District

An employee who was required to switch branches after reporting her pregnancy plausibly alleged an adverse employment action, noting that the transfer added time to her commute and interfered with her ability to put her school-aged children on the bus. ...

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

A county’s former Director of Tourism presented genuine factual disputes as to whether he was fired in retaliation for his past vote to censure members of the county board of supervisors who voted to raise taxes. Background At a Bedford ...

Tagged with: Constitutional Due Process Employment Employment Discrimination First Amendment Judge Norman K. Moon Municipal U.S. District Court - Western District

An employer was on notice that a workers’ compensation claim related not only to an initial work-related injury and surgery to repair it, but also to a subsequent knee replacement necessitated by the claimant’s post-operative stress fracture. Background Claimant Denzil ...

Tagged with: Employment Judge Robert J. Humphreys U.S. District Court - Western District Workers' Compensation

After taking more than six months of medical leave before her employment was terminated, a bank teller failed to establish a prima facie case for age discrimination. Her medical leave followed a position change that she mistakenly believed was a ...

Tagged with: Employment Employment Discrimination Evidence Judge James P. Jones U.S. District Court - Western District

An employee failed to identify evidence that his supervisor’s lewd comments to him were because of (his) sex, but his employer’s varied explanations for terminating him after he complained precluded summary judgment as to retaliation. Because some evidence suggested that ...

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