Virginia Lawyers Weekly VA Lawyers Weekly

Where a plaintiff opted-in to a collective employment discrimination action after filing an individual employment discrimination action containing overlapping claims and allegations, the plaintiff was dismissed from the collective action. Background Joseph H. Andreana is the named plaintiff in a ...

Tagged with: Employment Discrimination Judge Raymond A. Jackson U.S. District Court - Eastern District

Where an employee was found to have been at least partially responsible for a transportation failure that left more than 150 special needs students stranded on the first day of school, the employee’s subsequent termination did not constitute unlawful discrimination, ...

Tagged with: Employment Judge John A. Gibney Jr. U.S. District Court - Eastern District

Where an employee’s depression resulted in repeated absences and tardiness from work, her employer’s refusal to offer her a permanent position did not constitute unlawful discrimination or retaliation. Background In March 2011, the Office of the Director of National Intelligence ...

Tagged with: 4th U.S. Circuit Court of Appeals Employment Discrimination Judge Stephanie Dawn Thacker

An employee who was blinded in an assault by a former coworker while working the overnight shift at a rest area was entitled to workers’ compensation benefits, even though the assailant’s motivation for the attack was unknown, because the employee’s ...

Tagged with: Judge Glen A. Huff Virginia Court of Appeals Workers' Compensation

Where an employee received workers’ compensation benefits for a right shoulder injury sustained in the course of her employment, she was also entitled to benefits for a left shoulder injury that was caused by overcompensation following the original injury. Background ...

Tagged with: Judge Marla Graff Decker Virginia Court of Appeals Workers' Compensation

Where a black employee who sued his employer for discrimination and retaliation sought to amend his suit to include new equal pay claims asserted on behalf of a putative class, the amendment is denied, as the new claims would prejudice ...

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

Where an employee attached a copy of her formal discrimination complaint to a letter postmarked well after the time to file a formal complaint with the agency had expired and she could not show that the formal complaint had otherwise ...

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

An employee presented a valid claim for retaliation where her employer transferred her to a less desirable location after she complained of harassment and instituted a policy to prevent her from renewing her contract that was then eliminated shortly after ...

Tagged with: Employment Discrimination Judge Liam O'Grady U.S. District Court - Eastern District

An employee failed to follow his employer’s safety rule and was injured after circumventing an interlock gate that would have automatically shut down equipment in a commercial laundry. Because the employee conceded that the employer enforced the safety rule, the ...

Tagged with: Judge Marla Graff Decker Virginia Court of Appeals Workers' Compensation

In awarding benefits to a Washington Redskins’ player injured during the pre-season, the commission did not err in considering the amounts he earned during his short tenure before injury, instead of the amounts he would have earned if he made ...

Tagged with: Judge Robert J. Humphreys Virginia Court of Appeals Workers' Compensation