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Employment Law

Employee terminated for misconduct, not whistleblowing (access required)

A Dominion Energy maintenance supervisor terminated after violating safety procedures and falsely recording his working time failed to show his termination was because of his alleged whistleblowing. Background In 2002, Walter Madison began working at Dominion’s North Anna Power Station. ...

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Company can’t escape FLSA claim using highly-compensated exemption (access required)

A company’s bid to avoid overtime liability by claiming an event sales manager was a highly compensated employee failed because her job functions, which included seeking new customers, responding to questions from operations team and serving as the primary point ...

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Rudeness insufficient for hostile environment claim (access required)

Although a pharmaceutical sales manager alleged the head of commercial operations was “noticeably rude” to her and caused her colleagues to comment about his behavior, Title VII does not create a general civility code in the workplace. Her hostile work environment ...

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Arbitrator’s interpretation of ‘good cause’ was OK (access required)

Where the collective bargaining agreement between Safeway and its union did not define what constitutes “good cause” to terminate an employee, the arbitrator’s decision to reinstate the grievant was not an irrational interpretation. However, because Safeway’s position was plausible and ...

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Discipline, ostracization are not adverse employment actions (access required)

Even if a Nigerian doctor hired as a hospitalist was disciplined, suffered social ostracization and was assigned to less favorable working conditions because of his race, the actions in this case did not constitute adverse employment actions. Background The district ...

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Employee terminated for conduct, not his race or complaints (access required)

Where the record reflected legitimate concerns that the communication skills of a former Old Dominion University employee were impaired, that the impairment was affecting his work and that he repeatedly failed to attend a required evaluation, it was his  conduct, ...

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Salesperson’s unpaid commission claims reinstated (access required)

Where a salesperson alleged IBM defrauded him by “capping” his sales commissions despite allegedly representing they would not be capped, his claims for fraud, unjust enrichment or quantum meruit were not foreclosed by disclaimer language in which IBM reserved its ...

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