Virginia Lawyers Weekly VA Lawyers Weekly

Where an auditor presented evidence to a county school board of alleged wrongdoing by “senior leadership,” her claim against the board under the Virginia Fraud Against Taxpayers Act goes forward. The board’s demurrer is overruled. Plaintiff “sufficiently alleges facts sufficient ...

Tagged with: Employment Fairfax County Circuit Court Judge Richard E. Gardiner Virginia Circuit Courts

Where a company argued it was entitled to $396,832.59 in damages, instead of the $59,000 it was awarded after a jury found a former employee breached his duty of loyalty, the company’s arguments were rejected. There was no evidence the ...

Tagged with: Employment Judge Roderick C. Young U.S. District Court - Eastern District

Where a government employee based his discrimination and retaliation claims on the fact he received a lower performance rating, his claims were dismissed. A lower performance rating isn’t an adverse employment action. Background On Jan. 13, 2022, Terry Steele, represented ...

Tagged with: Employment Discrimination Judge Rossie D. Alston Jr. U.S. District Court - Eastern District

Where a complaint filed by a woman asserting claims for race discrimination and retaliation was signed by an attorney who was not admitted in the court, a corrected complaint signed by an admitted attorney was promptly filed, but the corrected ...

Tagged with: Employment Discrimination Judge Elizabeth K. Dillon U.S. District Court - Western District

Where an employee alleged that she suffered an adverse employment action when she used sick leave while her accommodation request was being considered by her employer, but she volunteered to use the sick leave as an interim accommodation and she ...

Tagged with: Employment Discrimination Judge Elizabeth K. Dillon U.S. District Court - Western District

Where employees sued for unpaid wages, two members of a newly formed board of directors who resigned before wages were withheld do not have joint employer liability for the unpaid wages. Overview Plaintiffs (clinicians) are licensed therapists who worked for ...

Tagged with: Employment Justice S. Bernard Goodwyn Supreme Court of Virginia

Where an insurer relied on medical records, an independent medical exam report, two independent physician peer review reports and the 2017 transferrable skills analysis, or TSA, in concluding a man was not fully disabled, and thus no longer entitled to ...

Tagged with: Judge Patricia Tolliver Giles Labor U.S. District Court - Eastern District

Where an African American immigrant from Togo alleged that the Virginia Department of Agriculture and Consumer Services, or VDACS, promoted a white woman to a supervisory position, despite the fact he had the most seniority and was the most qualified, ...

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

Where loan processors and loan officers moved for conditional certification of their collective action alleging they were denied overtime, but their own allegations showed that all potential class members were not similarly situated and their claims turned on their individual ...

Tagged with: Employment Judge Rossie D. Alston Jr. U.S. District Court - Eastern District

Where there was a material factual dispute about when plaintiff was supposed to return to work and the reason for her ultimate termination, her claim for discrimination and retaliation under the Family and Medical Leave Act, or FMLA, will be ...

Tagged with: Employment Discrimination Judge Rebecca Beach Smith U.S. District Court - Eastern District