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Employment Law

Complaint, 109 pages long with 29 counts, against university dismissed (access required)

A 29-count suit filed by a disgruntled doctoral candidate at Liberty University was dismissed because there was no indication the plaintiff’s gender played any role, university policies and handbooks did not create a contractual relationship, the university did not owe ...

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Restaurant ordered to pay overtime and attorneys’ fees (access required)

Where a former waiters’ assistant, busboy and janitor established that an Arlington restaurant did not pay him overtime, the waiter was awarded overtime wages and an equal amount in  liquidated damages for a total of $5,724. The restaurant was also ...

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State agency sued for bias by employee from Togo (access required)

The plaintiff, an African American immigrant from Togo, successfully alleges that although he had “the most seniority” and was “the most qualified,” the Virginia Department of Agriculture and Consumer Services, or VDACS, promoted a white woman to a supervisor position. ...

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Default vacated after employer advances meritorious defense (access required)

A plaintiff’s motion for a default judgment against his employer was denied because the employer was “reasonably” prompt in moving to vacate default, proffered a meritorious defense to the discrimination, retaliation and hostile work environment claims, including that the plaintiff ...

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Property interest argument fails in tenure review case (access required)

Where an assistant professor at Virginia State University claimed that denying his tenure application without review violated his due process rights, his argument was rejected because he does not have a protected property interest in the tenure review process. However, immunity ...

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University researcher’s bias claims are untimely or unsupported (access required)

Where a Virginia State University researcher failed to allege any discriminatory conduct that occurred within 300 days from the date she filed with EEOC, her disparate treatment, failure to promote and retaliation claims were time barred. Her failure to plead ...

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Claim that termination based on refusal to join in criminal act fails (access required)

The former employees’ amended complaint did not allege facts plausibly suggesting they were asked or directed to engage in a criminal act by insurance providers that could lead to prosecution under Virginia law, or that their termination was based on ...

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Employee’s report was beyond scope of anti-retaliation statutes (access required)

Where a former employee alleged he was terminated for reporting  to his superiors that the company was underreporting profits on nongovernmental commercial contracts, he did not have a viable retaliation claim under the Defense Contractor Whistleblower Protection Act or the ...

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