Virginia Lawyers Weekly VA Lawyers Weekly

Where a co-worker touched a UVA nurse on at least three occasions and she either appeared uncomfortable or told co-workers she was uncomfortable, and the touching occurred at the same time she requested he stop making sexual comments, the assault ...

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

Where a chief merchandizing officer reacted negatively to criticism and became disengaged following a leadership assessment of Lowe’s senior leaders, Lowe’s prevailed on claims that his termination was based on race discrimination. Background In February 2017, Michael Jones, formerly the ...

Tagged with: 4th U.S. Circuit Court of Appeals Employment Discrimination Judge J. Harvie Wilkinson III

Where Lyft timely moved to compel arbitration, its agreement with a former Lyft consultant was enforceable and any arguments about the scope of the agreement are to be decided by the arbitrator, the consultant’s breach of contract and employment claims ...

Tagged with: Employment Discrimination Judge Henry E. Hudson U.S. District Court - Eastern District

Where a surgeon said a furniture company employee who had foot surgery could perform his job if he could rest 10 minutes every two hours, but he was not allowed to return to work even though employees take breaks every ...

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

Plaintiff employer cannot recoup compensation paid to defendant employee while he allegedly concealed job-related wrongdoing. This letter opinion is issued to explain why it differs from an opposite conclusion another judge of this court reached in a related case. Overview ...

Tagged with: Employment Fairfax Circuit Court Judge David A. Oblon Virginia Circuit Courts

An employee who incurred medical expenses in excess of $286,000 after her health insurance was canceled for failure to remit premiums will proceed to trial against a former company officer because a reasonable factfinder could decide the officer exercised discretionary ...

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

Where a home health care worker alleged she was touched repeatedly against her will; forced to touch her harasser’s penis through his pants; forcibly restrained and assaulted and subjected to his lying in wait and then exposing himself, she plausibly ...

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

Where exotic dancers claimed they were not compensated for working more than 40 hours per week, and managers alleged their time sheets were altered to prevent them from being compensated in excess of 40 hours, they plausibly alleged violations of ...

Tagged with: Employment Judge Henry E. Hudson U.S. District Court - Eastern District

Where a former Virginia Beach city employee was terminated for making comments that she believed a gunman who killed and injured several city employees was “pushed until he snapped” and may have been bullied by supervisors, her comments were individualized ...

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

Although the former employee violated a noncompete agreement by taking a new position, the request for a preliminary injunction was denied because the evidence did not show the employee received extensive or specialized training sufficient to justify the restrictions. Background ...

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