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Employment Law

Disengagement, not race, prompted termination (access required)

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 ...

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Wages cannot be recouped for alleged concealed wrongdoing (access required)

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 ...

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Alleged restraint, assault backs hostile environment (access required)

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 ...

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Comments after massacre not of ‘public concern’ (access required)

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 ...

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Ex-employee won’t be enjoined from new employment (access required)

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 ...

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