Virginia Lawyers Weekly VA Lawyers Weekly

Where an Amtrak employee alleged that she was subjected to discrimination made unlawful under Title VII, but her claims necessitated the “interpretation or application” of a collective bargaining agreement, they were subject to arbitration under the Railway Labor Act. Background ...

Tagged with: 4th U.S. Circuit Court of Appeals Employment Judge J. Harvie Wilkinson III

Where employees of a government contractor who learned of a subcontract the company was attempting to win then formed their own company, submitted a bid and won the subcontract, a jury will decide if they breached their duty of loyalty ...

Tagged with: 4th U.S. Circuit Court of Appeals Judge Michael S. Nachmanoff Tort

Where a man alleging that he suffered adverse employment actions and retaliatory treatment as the result of his views and opinions regarding the safety of the COVID-19 vaccine moved to file an amended complaint, and it was not clear that ...

Tagged with: Employment Judge Lindsey Robinson Vaala U.S. District Court - Eastern District

Where a Lynchburg fireman alleged that city officials investigated and disciplined him because of his speech on a political issue, he plausibly alleged a First Amendment retaliation claim. Background Martin Misjuns contends that he was subjected to a pattern of ...

Tagged with: Employment Judge Norman K. Moon U.S. District Court - Western District

Where bartenders and barbacks who worked at a music festival in 2021 and 2022 raised similar issues regarding whether they were paid minimum wage, overtime and tips required by federal and Virginia law, a class was conditionally certified. Background Plaintiffs ...

Tagged with: Employment Judge Norman K. Moon U.S. District Court - Western District

Where a man alleged he was terminated after he complained about health and safety concerns at a steel mill, but the record showed he was terminated because he had misstated the scope of work he was asked to perform in ...

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

Where a man received a right-to-sue notice from the EEOC, that did not administratively exhaust his claims under the Virginia Values Act, or VVA. Background Aarin Moss brings this civil rights action against Saja Restaurant Group, claiming that he was ...

Tagged with: Employment Discrimination Judge Thomas T. Cullen U.S. District Court - Western District

Where a doctor was told in August 2021 that her employment was ending, but she waited until December 2022 before she asserted a claim under the Virginia Whistleblower Protection Law, her claim was barred by the one-year statute of limitations. ...

Tagged with: Employment Discrimination Judge T.S. Ellis III U.S. District Court - Eastern District

Where a former employee alleged that he was owed obligations under the terms of a severance benefit plan after he was involuntarily terminated from his employment, the plan was subject to the Employee Retirement Income Security Act of 1974, or ...

Tagged with: Contract Judge Thomas T. Cullen U.S. District Court - Western District

Where a woman allegedly complained about how a university was conducting an investigation of a male student, that wasn’t protected activity under Title VII. As such, the court refused to reconsider its order dismissing the woman’s Title VII retaliation claim. ...

Tagged with: Employment Discrimination Judge Norman K. Moon U.S. District Court - Western District