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Employment Law

Punitive damages available in public policy discharge case (access required)

Where plaintiff alleges that he was fired after he complained to defendant employer that he was not being timely paid, he has stated a claim for discharge in violation of public policy. Further, defendant’s demurrer to plaintiff’s claim for punitive ...

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Employee fired for belligerent behavior, not race or religion (access required)

Where the record showed the plaintiff was fired for his repeated belligerence and insubordination in the workplace, and that his race or religion played no role in the decision to fire him, his employer prevailed on bias and retaliation claims. ...

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Claims dismissed due to plaintiff’s own admission (access required)

Where an elementary school health aide’s own complaint included facts showing she was falling short of the school’s legitimate expectations, her disability and age discrimination claims were dismissed. Background Lolita Mattamu alleges that County of Fairfax discriminated against her in ...

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Alleged firing was sufficiently related to timely charge (access required)

Where the plaintiff timely filed an EEOC charge alleging ongoing retaliation, her termination months later was sufficiently related to that charge because it was the “predictable culmination of defendant’s retaliatory conduct.” Background On June 12, 2017, Sentara RMH Medical Center ...

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Supervisor’s comments about protected activity support retaliation lawsuit (access required)

Where a supervisor allegedly repeatedly made comments about an employee’s protected activity, the employee’s complaint bridged the gap between the protected activity and the adverse employment action, and his retaliation claim was improperly dismissed. Background Louis M. Tutt III appeals ...

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Request for irritant-free workplace was unreasonable (access required)

Where a National Science Foundation employee requested no “airborne irritants” in the workplace, which would have included personal hygiene and standard cleaning products, her fatally vague and overbroad request was unreasonable as a matter of law. Background Neysa Call was ...

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Complaint about equipment not protected activity (access required)

Where the employee requested a special headset, but didn’t make any complaint regarding the headset or access to a headset, the request wasn’t protected activity. Background On July 6, 2021, Maggie Green-Wright filed an amended complaint that asserts six counts: ...

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Jury to decide if employee agreed to arbitration (access required)

Where the owner of a Shoney’s restaurant produced evidence that an employee agreed to arbitrate her employment-related claims against the company, but she  submitted an affidavit in which she denied signing the agreement, a jury will decide if an agreement ...

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