Employment Law

Jun 6, 2023

Manager fails to show age was reason for termination

Where the record showed the man’s position was eliminated because of a need to downsize and because he scored the lowest of the three sales managers on a decision matrix, the employer prevailed on his age discrimination and retaliation claims. Background William Farley sued CMFG Life Insurance Company, or CUNA, for wrongful termination, retaliation and […]

Jun 6, 2023

Postal employee’s claims survive motion to dismiss

Where the lawsuit was filed within 90 days of the employee’s receipt of a determination of her second complaint, and that complaint alleged a hostile work environment, the continuing violation doctrine may allow her to overcome any objection as to time-barred discrete acts, so long as all acts are part of the same unlawful employment […]

Jun 1, 2023

Employee’s attempt to depose board chair fails

Where an employee asserting claims for age discrimination and retaliation failed to explore reasonable alternatives before he sought to depose the chairman of the board of directors and chairman of its Governance and Compensation Committee, the magistrate judge did not err in granting the bank’s motion for a protective order. Background Bradford Kendrick sued his […]

May 23, 2023

College prevails on professor’s retaliation claims

Where a college professor argued she was terminated for unlawful reasons, but the record showed the decision was because she was not a good fit for the college and because of reports of threatening and unprofessional behavior, the college prevailed on the retaliation claims. Background In 2017, Summer Lashley signed a one-year contract to teach […]

May 23, 2023

Payment of wages to DOL didn’t moot FLSA claims

Where defendants sued for allegedly not paying overtime argued the plaintiffs’ Fair Labor Standards Act claims were mooted by the defendants’ tendering of the disputed funds to the Department of Labor, this argument was rejected. Waiver requires an agreement to waive rights, which must exist in addition to payment received. Background This case arises from […]

May 23, 2023

Suit transferred to EDVA under § 1404

Where the parties, witnesses and documents in an alleged employment discrimination suit were all in the Eastern District of Virginia, and the alleged discrimination occurred in Richmond, the Title VII suit was transferred to that federal court. Background Nelson Ikem has sued his former employer, Mondelez International Inc., asserting employment related claims. Mondelez has moved […]

May 14, 2023

Claim that government favors older employees dismissed

Where an employee of the United States Immigration and Customs Enforcement, or ICE, alleged that ICE’s COVID-19 testing policy favors “those over 50 that can just up and retire,” his claim under the Age Discrimination in Employment Act, or ADEA, was dismissed. The Supreme Court has concluded that the ADEA does not prohibit favoring older […]

May 14, 2023

Hostile work environment claim survives motion to dismiss

Where a woman at a logistics company alleged that her supervisor and other employees made derogatory comments “that Chinese people, like [plaintiff], would ‘eat rats, cats, and dogs’” or a question about “why Chinese people are so tiny,” she plausibly alleged a hostile work environment claim. Background Alynna Edouard asserts claims under the Americans with […]

May 11, 2023

Wal-Mart dodges retaliation claim

Where a former Wal-Mart employee alleged she was fired in retaliation for her alleged whistleblowing activity, but she failed to provide details showing she engaged in activity protected by Title VII, her Title VII retaliation claim was dismissed. Background Catherine S. Morrison claims that she was fired from her position at Wal-Mart’s Danville location “because […]

May 11, 2023

Salvation Army bell ringer alleges retaliatory discharge

Where a seasonal bell ringer for The Salvation Army was terminated shortly after he complained about white employees getting better, more lucrative bell ringing assignments, he plausibly alleged a claim for retaliation. Background In late 2021, George Weatherford was hired as a seasonal bell ringer for The Salvation Army. He alleges that The Salvation Army […]

May 9, 2023

Amtrak employee’s Title VII claims must be arbitrated

Where an Amtrak employee alleged that she was subjected to discrimination made unlawful under Title VII, but her claims necessitated the “interpretation or application” of a collective bargaining agreement, they were subject to arbitration under the Railway Labor Act. Background Congress enacted the Railway Labor Act, or RLA, to curb disruption of the rail yards, […]

May 9, 2023

Jury to decide if employees breached duty of loyalty

Where employees of a government contractor who learned of a subcontract the company was attempting to win then formed their own company, submitted a bid and won the subcontract, a jury will decide if they breached their duty of loyalty to their employer. Background While working for Adnet Inc., Rohit Soni, Laura Barr and Jason […]

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