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Employment Law

WARN Act liability doesn’t extend to non-employer (access required)

Where employees constructing a nuclear station alleged the owner violated the Worker Adjustment and Retraining Notification, or WARN, Act when it halted construction at the facility, the owner wasn’t liable because it wasn’t the plaintiffs’ employer. Background In 2017, SCANA, ...

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Inapt comparators doom Equal Pay Act claim (access required)

Where a Virginia Department of Transportation coordinator alleged she was paid less than male coordinators, but the alleged comparators worked in a different regional district, and each of the department’s nine districts makes its own compensation decisions, her Equal Pay ...

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Paid leave is not an ‘unfavorable personnel action’ (access required)

Where a bank employee was placed on paid leave after she complained about her colleagues’ conduct, her allegation that the bank violated the antiretaliation provisions of the Sarbanes-Oxley Act, or SOX, fails. Placing an employee on paid administrative leave does ...

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Jury to decide if firing of 60-year-old was based on age (access required)

Where the company claimed it terminated a long-time, 60-year-old employee because of poor performance, but there was conflicting testimony on whether his handling of general safety concerns was egregious enough to prompt termination, the company’s motion for summary judgment was ...

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Employee fails to show alleged retaliation related to activity (access required)

Where an employee alleged that after she complained about her pay, certain job responsibilities were taken away, her supervisor became “cold” and unfriendly and she did not receive a reference at separation, her retaliation claim failed because she did not ...

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No preliminary injunction in noncompete contract case (access required)

Even though the parties’ non-competition contract is enforceable on its face against defendant, who is plaintiff’s former employee, plaintiff is denied a preliminary injunction because it has not shown irreparable harm or that the equities tip in its favor. Background ...

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Federal employees can’t sue for disparate impact under ADEA (access required)

The text, structure and legal landscape in which the Age Discrimination in Employment Act, or ADEA, was passed do not support a finding that the statute’s federal-sector provision encompasses disparate-impact liability. Background Dr. Jane DiCocco brought Title VII and Age ...

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Former school employee alleges officials defamed her (access required)

Where a school principal and the school district’s HR director allegedly accused the plaintiff of embezzlement, her defamation per se claim survived the motion to dismiss. Background Pamela Smith is a former employee of Norfolk Public Schools, or NPS. Plaintiff ...

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Migraines substantially limit employee’s ability to work (access required)

Where an employee alleged her migraines were “debilitating” and rendered her unable to drive, travel, read printed material, view computer imaging or be in a heavily lit room, she plausibly alleged the migraines substantially limited her ability to work. Background ...

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Plaintiff’s own allegations doom age discrimination claim (access required)

Although a former executive administrative assistant alleged she was terminated because of her age, her own complaint stated her position was eliminated because much of her job had been absorbed by advances in technology and that other tasks were dispersed ...

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