Virginia Lawyers Weekly VA Lawyers Weekly

Where a former bank employee asserted discrimination claims within 90 days from the date she received a right-to-sue notice, but her suit was dismissed without prejudice for failure to prosecute, the dismissal didn’t toll the 90-day statute of limitations. As ...

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

Where a female supervisor alleged her termination, following an investigation of alleged inappropriate sexual conduct in a supply closet, was sex discrimination, but the male store manager who was in the supply closet was also terminated, the store prevailed on ...

Tagged with: Employment Discrimination Judge Thomas T. Cullen U.S. District Court - Western District

Where the Worker Adjustment and Retraining Notification, or WARN, Act applies only if the company employed 100 or more full-time employees on the date the first notice was required, and the undisputed evidence was that the government contractor employed fewer ...

Tagged with: 4th U.S. Circuit Court of Appeals Employment Judge Julius N. Richardson

Where the former University of North Carolina employee suggested her disability could be accommodated by indefinite leave or indefinite light duty, but neither is a “reasonable accommodation” under the Rehabilitation Act, the university prevailed on this claim. Background Annie Boone ...

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

Where an employee terminated for cursing, insubordination and threats alleged his firing was actually unlawful retaliation, the investigation into his conduct was not “obviously inadequate” and there was no evidence it was pretext. Background Tremayne A. Powell appeals from the ...

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

Where the manufacturing company posted notices about then-ongoing negotiations with the union, but did so in a straightforward manner that expressed its position without directly or indirectly soliciting employee action, it did not commit an unfair labor practice. Background Tecnocap ...

Tagged with: 4th U.S. Circuit Court of Appeals Judge G. Steven Agee Labor

Where an Army employee who applied for an open position alleged her nonselection was the result of protected activity, but there was a several-month gap between the protected activity and her not being chosen for the post, there was no ...

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

Where the record showed a manufacturing manager was terminated because of a consistent increase in the number of Occupational Safety and Health Administration, or OSHA, recordable injuries at his plant, his age discrimination claim failed as a matter of law. ...

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

Where a construction subcontractor was sued for not paying overtime and/or minimum wage to its workers, its third-party indemnification complaint against labor brokers was dismissed because indemnification claims are preempted by the FLSA. Background This is an action alleging that ...

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

Where a Walmart bakery/deli division area manager alleged she was paid less because of her gender, but her male comparators held different jobs and had different duties, skills and relevant work experience, Walmart was granted summary judgment. Background Stephanie Chapman ...

Tagged with: Employment Discrimination Judge Thomas T. Cullen U.S. District Court - Western District