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Employment Law

Production of documents waived privilege (access required)

Because a school superintendent’s production of documents waived the right of privilege on records produced before a certain date, a former employee claiming gender-based wage bias may review them. Background In this action by a former public school employee claiming ...

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Benefits denied for safety rules violation (access required)

Where a Goodwill driver willfully violated his employer’s known safety rules, he is denied workers’ compensation benefits. Background Appellant was employed by Rappahannock Goodwill. On Oct. 10, 2016, appellant sustained injuries while unloading donated goods from a company truck. Appellant ...

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Onerous provisions removed from FLSA settlement (access required)

Employees settled Fair Labor Standards Act claims regarding overtime pay after the court required removal of “unreasonable” provisions on confidentiality and liquidated damages. Background On July 14, 2015, plaintiff Wayne Brockman filed his initial complaint against defendants Keystone Newport News ...

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Default judgment entered against employer for unpaid pension contributions (access required)

An employer who failed to make pension contributions or to respond to pension funds’ lawsuit must repay the funds with interest and pick up attorney’s and auditing fees. Background This action is brought under Sections 502 and 515 of the ...

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Former employee pleads claim for FMLA retaliation (access required)

Plaintiff’s termination shortly after taking FMLA leave plausibly pleaded a claim for FMLA retaliation. Background Snipes began working for the jail authority in 2005. Snipes supervised several other employees, received employee evaluations demonstrating that he was a commendable employee and ...

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Failure to exhaust remedies prompts dismissal (access required)

Where a plaintiff  failed to exhaust his administrative remedies, to timely file his complaint and to properly plead claims, his complaint is dismissed. Background Plaintiff is a 46-year old African-American man who suffers from osteoporosis in his hips and sleep apnea. ...

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Lack of protected activity prompts dismissal (access required)

A former employee of a county sanitation department failed to sufficiently allege that he engaged in protected activity as defined in the Virginia Fraud Against Taxpayers Act. Background On June 1, 2006, Frederick County Sanitation Authority hired Bryan Atchariyakornchai to ...

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Truck operator stated ADA claim (access required)

Because plaintiff was not required in an administrative process, and plausibly alleged he was a qualified individual with a disability, the court denied the employer’s motion to dismiss the ADA complaint. Background Defendant, Norfolk Southern Railway Co. employs Robert Brunelle ...

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