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Employment Law

WDVA: Jury to consider hostile-work-environment claim (access required)

An African-American employee, fired based on her employer’s reasonable belief that she had mishandled company funds, can proceed to trial on her claim of hostile work environment based on both race and sex, despite evidence that she failed to disclose ...

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Va. Cir.: Verbal altercation precluded VEC benefits (access required)

A Virginia circuit court upheld administrative findings that an employee who was fired for yelling profanities at a coworker had committed “misconduct” that disqualified her from receiving unemployment. Background Plaintiff Yolanda A. Bellamy was employed as an environmental service worker ...

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SCV: VABC statute doesn’t authorize applicant searches (access required)

The Departmet was justified in terminating an agent’s employment after he searched the business office of a license applicant without her consent or a warrant. Background Linda K. Swim applied to Appellee Virginia Department of Alcoholic Beverage Control for an ...

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4th Cir.: Termination unrelated to offensive comments (access required)

Despite his supervisor’s racially-tinged comments, a VDOT employee’s termination was not plausibly connected to racial or religious discrimination but was instead the result of unsatisfactory performance. Background Appellant Sinan Rayyan is a Muslim Arab-American who worked as a professional engineer ...

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FLSA attorneys’ fee award vacated (access required)

In awarding attorneys’ fees, the district court failed to exclude time spent for plaintiffs whose claims were time-barred; it also incorrectly determined the percentage of sought damages actually won. Plaintiff Gregory Randolph brought suit against his former employer, Defendant PowerComm ...

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